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THE 

WILUAM  R.  PERKINS 
LIBRARY 

OF 

DUKE  UNIVERSITY 


Rare  Books 


Class..;.^^^. 

Book 18.61 .:^i../.-»^it., 

Jan.  '-'/V 


368371 


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UNIVERSITY  of  AL 


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AMA 


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Ala.    Due.  n.    .ts  Collection 


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UNIVERSITY  of  ALA3AMa| 

I  ibrary 
Ala.   Dlc.  >^;  nts  Collection 


C,.s..«.&«^ 


A.CTS 


OF    THE 


CALLED    SESSION 


OF    TUE 


GENERAL  ASSEMBLY  OF  ALABAMA, 


HELD   IN   THE 


CITY  OF  MONTGOMERY, 


COMMENCING    ON   THE 


SECOND  MONDAY  IN  JANUARY,  1861. 


ANDREW  B.  MOORE,  Governor. 

A.  B.  MEEK,  Sjieaker  of  the  House  of  Representatives. 

J.  D.  RATHER,  President  of  the  Senate. 


MONTGOMERY,  ALA.: 

SIIORTEJ:    &    KEII),    STATE    I'lUNTERS. 
1861. 


^ 


^.z 


LAAVS  OF  ^LA^Bi^MA.. 


Ko.  1.]  AN  ACT  1861. 

To  Regulate  Judicial  Proceeding?,  and  for  other  pur- 
poses. 

Section  1.     Be  it  evaded  by  the  Senate  arm  House  of 
Reprcsentaticcs  ol  the  State  of  Alabama  in  (Tcncral  Assembly 
eonvciicd,  That  hereafter  in  tiie  commencement  ot  any 
suit  in  any  of  the  courts  ot  hiw  or  equity  in  this  state, 
the  court  to  which  any  ciut,  writ,  si.miLons,  coni[»laint, 
or  bill  may  be  made  returnable  shall  be  deemed  and '''^'""»**'""' 
held  as  the  return  term  of  such  snit,  writ,  suujnions, 
complaint,  or  bill,  and  the  same  shall  stand  for  trial  at 
the    next   succeeding    regular  term    of  sucl    court  ap-'^'™*'' 
pointed  by  law  to  be  holden  after  such  return  term; 
and  the  paitics  in  the  law  courts  sljall  not  be  required 
to  plead  at  the  first  term,  except  that  pleas  in  abatement 
shall  be  filed  as  now  required  by  law:  Provided,  Thef,"^l\^".JlJ^JcJy 
provisions  of  this  section  shall   not  apply  to   bills  in  •"•divom-. 
chancery  for  partition  atid  sales  of  pmpertv.  or  in  cases 
for  divorce:    Ami  pro  rklcd  further,  That  the  defendant  ;y;V'?,nlen7.'""" 
or  party  against  whom   a  bill  may  be   exhibited  in   a 
chancery  suit  may  come  in  and  consent  to  a  trial  at  the 
first  term.     Under  this  section,  when  suits  are  hereafter  f,';^?;.^;.';"'*  "^ 
brought  in  the  City  Court  of  Mobile,  to  the  March  or 
Juno  term  of  said  court,  faid  term  shall  be  held  as  the 
retnin  term,  and   said  suits  shall  stand  for  trial   at  the 
next  succeeding  December  term  ;  and  suits  that  maybe 
brought  returnable  to  the  December  terms,  said  Deccni- 
ber  terms  shall    be  held  as  the  return  term,  and  said 
suits  shall  stand  for  trial  at  the  next  succeeding  June 
term;  the  said  June  term  sliall  commence  on  the  third 


1801.  4 

Monday  in  May  of  cacli  year  during  tlie  continuance  of 
this  act:  Provided  further,  That  the  provisions  of  this 
soetinn  shall  apply  to  all  writs,  summonses,  complaints, 
and  bills  returnable  to  the  spriuij^  term,  18G1,  of  the 
circuit  and  chancery  courts,  whether  issued  before  or 
after  the  passa^je  of  this  act. 
Fortiicominir         Sec.  2.     Be  U  furtlicr  enacted.  That  in  any  case  where 

bund  10  betaken  ,.  i      n   i  •  i  ^        •  ^     i'  i 

bvofflcLT.  an}'  execution  sliail  have  issued  or  may  be  issued,  round- 
ed \\\)0\\  any  judi^njcnt  or  decree  of  any  court  of  record 
in  this  state,  it  shall  and  may  be  lawful  for  the  sheritf 
or  other  olticer  authorized  to  levy  such  execution  to 
take  from  the  defendant  or  defendants  therein  a  forth- 
coming bond,  with  at  least  two  good  sureties,  condi- 
tioned for  the  delivery  of  any  property  levied  upon  to 
satisfy  such  execution  at  the  place  where  the  same  may 
be  made  returnable  on  the  return  day  of  such  execution  ; 

Pennitiesfor      {|,jj  ju  i\^q  event  of  a  failure  to  deliver  such  propertv  on 

iHiliirc  to  deliver    ,  -  ^,  ,.  T.i" 

i.roj.criy.  tlic  rcturu  day  of  the  execution,  according  to  tlie  con- 

dition of  the  forthcoming  bond,  the  sheriff  or  other 
officer  levying  such  execution  shall  return  such  forth- 
coming bond  "forfeited;"  and  such  return  shall   have 
the  force  and  effect  of  a  judgment  against  the  principal 
and  sureties  therein  for  the  full  amount  of  the  original 
Judgment  and  interest  and  costs  thereon,  and  execution 
shall  issue  thereon  accordingly. 
O'l";^!'!')-'' of        Sec.  3.     Be  it  farther  enacted,  That  in  case  any  deed 
df.'d  of  trust' or  of  trust  01  moi'tgagc,  with  power  of  sale,  has  been  or 
mortgage.         ^^^.^^  l^^  cxecutcd  ill  this  statc,  to  secure  the  payment  of 
any  debt  or  debts,  it  shall  not  be  lawful  for  the  trustee 
or  the  creditor  named  in  such  deed  or  mortgage  to  sell 
any  property  so  conveyed,  without  having  the  actual 
possession  thereof,  so  as  to  deliver  the  same  to  the  pur- 
chaser upon  making  said  sale.     And  in  the  event  the 
grantor  in  any  such  deed  of  trust  or  mortgage,  with 
power  of  sale,  shall  fail  on  demand  to  deliver  possession 
of  any  i)roperty  or  estate  so  conveyed,  after  having  made 
default  in  the  payment  of  the  debt  thereby  secured,  it 
shall  be  lawful  for  the  trustee  or  creditor  claiming  to 
have  legal  title  to  sue  for  the  possession  of  the  same; 
and,  if  [>ersonal  property,  the  sheriff,  upon  such  suit  be- 
ing brought  and  aflidavit  of  title  made,  shall  take  the 
property  into  possession,  unless  the  grantor  give  bond, 
with  good  and  sufficient  sureties,  as  in  detinue  cases,  to 
be  approved  by  the  sheriff  or  officer  serving  the  sum- 
mons or  writ,  conditioned  for  the  forthcoming  of  the 


6  1861. 

property  sued  for,  to  answer  tlic  lien  created  by  any 
such  deed  of  trust  or  mortgage,  or  in  default  thereof  to 
pay  such  debt  and  interest  "thereon,  with  all  costs:  i^^o- ^""■•^'y  ""V?,'''" 

•17;  n-ii  •  1     1  1        1       11  for  proiicrty  Ihiit 

vukd,  nowevcr,    Ihe  surety-   to  said   bond   sliall   not  be  »"i)  Jie. 
made  liable  for  the  value  of  any  such  property  as  may 
die  before  the  law  day  of  the  bond,  without  fonlt  on 
the  part  of  the  defendant. 

Sec.  4.  Be  it  farther  enacted,  That  hereafter  justiccs'/usu^csvoiris;' 
courts  in  this  state  for  the  trial  of  civil  causes  shall  be 
held  quarterly,  at  such  times  as  the  justices  in  each  beat 
may  appoint,  and  may  continue  three  days,  if  necessary; 
and  the  term  to  which  any  original  process,  summons, 
warrant,  or  complaint  shall  be  made  returnable  shall  be 
deemed  and  held  the  docket  term  of  said  court,  and  the 
cause  shall  stand  for  trial  at  the  next  ensuing  term 
thereafter;  and  on  all  judgments  rendered  b^-  any  jus- 
tice in  any  civil  cause,  the  party  or  parties  against 
whom  such  judgment  ma}'  be  rendered  sliall,  at  any 
time  after  the  rendition  thereof  and  before  the  payment 
of  the  same,  have  the  right  of  a];peal  to  the  next  term '''^''' "^ ''^''''■"'• 
of  the  circuit  or  county  court  of  the  county  in  wliich 
such  judgment  may  be  rendered,  upon  giving  such  ap- 
peal bond,  with  surety,  as  is  now  required  by  law  in 
appeal  cases ;  and  the  term  to  which  such  appeal  may 
be  taken  shall  be  the  return  term  thereof,  and  the  next"^""'" '•^''■ra'*'^- 
succeeding  term  the  trial  term  thereof;  and  in  no  case 
of  appeal  shall  a  county  tax  be  charged,  unless  the  ex- 
pense of  a  jury  trial  be  incurred;  nor  shall  any  dam- 
ages over  and  above  the  debt  and  interest  thereon  be 
allowed.  Justices  of  the  peace  shall  make  executions 
issued  by  them  returnable  to  the  quarterly  term  of  their 
courts  next  after  the  rendition  of  an}- judgment. 

Sec.  5.     Be  it  further  enacted,  That  the'  provisions  ofJJ^/Jni.'I^r'iyj-- 
this  act  shall   not    be    held  to  apply  to  suits  of  anyj'c  "ni«-tr»,   or 

I  ..  .,  .  I  l    a!  _  i/'i       trustees. 

<iescnption  or  judgments  ii.  any  court  against  default- 
ing public  office  rs,  for  failing  to  pay  over  money,  or  ibr 
any  breach  of  the  duties  required  of  them  In*  law  ;  nor 
against  trustees,  lor  any  fraudulent  use  of  trust  funds; 
but  such  suits  and  judgments,  and  executions  loundcd 
thereon,  shall  be  regulated  in  all  resp<''-  1'v  Oi"  laws 
heretofore  iu  force  in  such  cases. 

Sec.  G.     Be  it  farther  enacted.  That  tiic  iiroix  ii\-    j-eal ''"""'V'J  '1'"" 
ana  personal,  oi  ail  persons  who  are  or  may  be  engaged  i-rt 
in  the  actual  military  service  of  this  state,  shall  be  ex- 
cmi»ted  from  levy  and  sale  under  legal  process  while  .so 


r\  iff. 


1861.  6 

engaged,  and  for  at  least  sixty  days  after  such  persons 
shall  have  been  released  or  discharged  from  such  ser- 
vices. 
No  .lamapcs  in     gj.^c.  7.     Bc  it  farther  enacted.  That  all  laws  and  parts 

Supreme   Courl.      „  ,  .        '  ,  i      i.      .  i        o 

or  laws  assessing  damages  upon  appeals  to  the  buprenie 
Court  be  and  the  same  arc  iicrcl)y  rei)ealed,  and  no  tax 
fee  shall  be  allowed  in  the  Supreme  Court  on  appeals, 
unless  the  appellant  appears  by  counsel  and  litigates 
the  same. 

Skc.  8.  And  he  it  farther  enacted,  That  in  all  cases 
Avherc  executions  have  been  or  may  be  issued  upon  ex- 
isting judgments,  orders  or  decrees  of  any  court,  and 
the  plaintitt",  his  agent  or  attorney,  sliall  not  authorize 
the  officer  whose  duty  it  is  to  levy  the  same,  by  endorse- 
ment in  writing  on  said  execution,  to  take  from  the 
defendant  or  purchaser  of  any  ]U'operty  which  may  be 
sold  by  virtue  thereof,  the  bills  of  any  of  the  banks  in 
this  state  at  par,  it  shall  be  the  duty  of  such  officer, 
ui)on  the  defendant  giving  a  forthcoming  bond,  with 
sui'cty  for  the  delivery  of  said  property  to  be  sold  in 
satisfaction  of  said  execution  on  the  lirst  Monday  in 
February  next.  If  said-property  is  not  delivered  at  the 
law  day  of  the  bond,  the  same  shall  liave  the  force  and 
effect  of  a  judgment,  and  the  clerk  shall  issue  execution 
thereon  for  the  debt,  interest,  and  costs  oi  said  judg- 
ment and  execution. 

Approved,  February  8th,  1861. 


Iso.  2.]  AN  ACT 

Explanatory  of  and  Supplemental  to  an  Act  passed  at 
the  present  session,  entitled  "An  Act  to  Regulate 
Judicial  Proceedings,  and  for  other  purposes." 

Moanins  of  the  SECTION  1.  Bc  it  cnactcd  bj/  the  Senate  and  House  of 
forSi"!;aet"  "^ Bepresentativcs  of  the  State  of  Alabama  in  General  Assembly 
concencd,  That  the  duty  of  the  officer,  which  is  left  un- 
expressed in  the  last  section  of  the  act  above  referred 
to,  is  hereby  made  and  declared  to  be,  in  every  case 
contemplated  by  said  last  section,  to  return  the  process 
or  execution  thus:  "Stayed  by  the  failure  of  the  plain- 
tiff or  his  agent  to  make  the  endorsement  required  by 
Law."     And  afterwards  no  further  proceeding  shall  bo 


7  1861.t 

had  in  any  such  case  until  the  first  Monday  in  February 
next,  on  and  after  which  day,  every  such  forthcoming 
bond  shall  be  deemed  and  taken  as  a  judgment  against 
the  obligors  therein. 

Sec.   2.     Be  it  further  enacted,  That  none  of  the  pro- f """'"^^  .  ^"^  , 

..  ni  I'll-'  111  ''**'^f"  state  and 

Visions  ot  the  act  to  winch  this  is  a  supplement,  shall  r^'iri^ads. 
be  so  construed  as  to  affect  any  contract  which  has 
been  or  may  be  entered  into  by  the  State  of  Alabama 
with  any  railroad  company. 
Approved,  February  9th,  1861. 


No.  3.]  AN  ACT 

To  extend  the  time  for  the  payment  of  taxes  into  the 
State  Treasury,  and  for  other  purposes. 

Section  1.  Be  it  enacted  b/  the  Senate  and  House  oflf^f\';;i\°'^Jl 
Representatives  of  the  State  of  Alabama  in  General  yl.?5c»i-ni^"ti'>i*iMay. 
bbj  convened^  That  the  several  tax  collectors  of  this 
state  be,  and  they  are  hereby  authorized  to  extend  the 
time  of  collecting  the  tax  for  the  year  of  1860, 
to  such  time  as  may  enable  them  to  complete  tlicir 
payments  of  state  and  count3'tax  on  or  by  the  first  day 
of  May  next,  by  which  time  they  are  hereb}^  required 
fully  to  pay  all  of  the  taxes  due  for  said  year. 

Sec.  2.     Be  it  farther  enacted,  That  the  several  tax  May ^mu  prop- 
collectors  of  tliis  state  may  levy  upon,  and  sell,  prop-Myni?  and  ui 
erty   for  the  payment  of  taxes,  at  any  time  between  ^'"^^ 
the  first  day  of  March  and  the  first  day  of  May  next, 
as  they  are  now  authorized  i6  do  between  the  first  day 
of  December  and  March  in  each  year. 

Sec.  3.     Be  it  farther  enacted.     That  the  extension  Tax  collector  not 

,  ,  .  ^  1  11  1      11  •      <iiwliarK<>il   from 

hereby  given  to  the  several  tax  collectors,  shall  not  many    .imics  i/y 

*•  1        i        ^•       t  I  ii  this  excmplioD. 

any  wise  operate  to  discharge  or  release  them,  or  any 
one  of  them,  from  the  [icrformance  of  any  and  all  of  the 
duties  imposed  upon  them  by  law,  nor  shall  they  orany  |»_^'n^i''t<"'cn»*i» 
one  of  them,  or  any  of  their  securities,  be  discharged  or 
released  from  the  obligation  or  legal  efiect  of  the  sev- 
eral bonds  they  may  have  signed  or  executed   for  the 
performance   of   their    duties,    and   the    faithful    pay- 
ment   of    monovs    received   by   them:    Provided,    The ^■'■'"^" .  «""•«»« 
written  assent  ot  the  securities  to  the  extension  aiiowcu  wc  obtained. 
by  this  act  shall   be  obtained  by  said  tax  collectors  and 


1861. 


filed  in  the  oiSce  ot  tlie  comptroller  of  public  accounts, 

and  approved  by  the  comptroller  before  the  extension 

hereby  allowed  shall  take  elfect. 

Limit  of  tins  act.      g^c.  4.     Bc  it  fuvthcr  cnacted,  That  the  provisions  of 

this  act  shall  only  extend  to  the  tax  year  commencing 

the  lii'st  day  of  March,    1860.      And  the  several  tax 

Collectors  to  pay  collectors  are  hereby  required  to  pay  overall  the  moneys 

eeived°"iT  l\il  collcctcd  OF  rcceived  at  the  time  of  the  passage  of  this 

slise  oMhis  act  ^<2t,  and  upon  any  one  of  them  failing  so  to  do,  by  the 

pJIiaiiy  of  fail- fii-st  of  March,   1861,    all  the   penalties  the  law  now 

enforces   against    defaulting  tax    collectors  be  in   full 

force  against  any  and  all  tax  collectors,  who  shall  fail 

to  comply  with  this  act,  and  the  comptroller  of  public 

accounts  is  charged  with  the  faithful  execution  of  this 

Proviso.  act :  Provided,  Any  person  being  about  to  remove  out 

of  the  county,  who  is  owing  any  tax,  the  same  shall  be 

collected  immediatelv. 

blrforta^c'and      ^^0.  5.     Bc  it  furthev  enacted,  That  the  bills  or  notes 

oilier   public    of  all  or  any  of  the  chartered  banks  of  this  state,  shall 

be  received  for  all  taxes  and  other  public  dues,  up  to  the 

first  of  May,  1861 :  Provided.  That  every  tax  collector 

paying  into  the  treasury  the  bills  or  notes  of  any  bank 

that  has  suspended  specie  payment  for  their  bills  or 

siiaii  make  affl-  notcs,  sliall  make  an  affidavit  in  writing,   sworn  to  be- 

(Javit  as  to  am't  '  t        •        t  i       •     •  i 

of  bauk-biiis  or  fore  somc  ofnccr  authorized  to  administer  an  oath, 
stating  the  amount  of  such  bills  or  notes  proposed  to 
be  paid  into  the  treasury  by  him,  and  stating  that  he 
collected  the  same  at  par  from  tax  payers,  and  that  he 
did  not  buy  or  receive  the  same  at  a  discount,  and  shall 
file  the  same  in  the  treasurer's  office ;  and  if  any 
tax  collector  shall  swear  falsely  in  making  such  affidavit 
he  shall  be  deemed  guilty  of  perjury. 

*^ubii's'ii"tiiis''act'      ^^^'  ^'     -^^  ^^  further  enacted,  That  one  hundred  and 
'  sixty  copies  of  this  act  shall  be  jDrinted,  and  it  shall 
be  the  duty  of  the  comptroller  of  public  accounts  to 
send  to  each  of  the  tax  collectors,  and  judges  of  pro- 
bate, in  each  county,  copies  of  the  same  immediately. 
Approved,  February  8th,  1861. 


9  "*  1861. 

No.  4.]  AN  ACT 

To  legalize  the  suspension  of  specie  payments  by  cer- 
tain Banks  of  Alabama. 

Section  1.     Be  it  enacted  bu  the  Senate  and  House  of 
Heprcscntativcs  of  the  State  of  Alabama  in  General  Assem- 
bbj  concened,  That  the  suspension  of  specie  payments 
by  the    Central   Bank   of  Alabama,    the    Commercial 
Bank  of  Alabama,  and  the  Eastern  Bank  of  Alabama, 
be,  and  the  same  is  hereby  legalized  upon  the  following 
conditions:  1st.  That  the  said  banks  shall  take  at  par t;"n<''<if"s  of 
of  any  bonds  of  the  State  of  Alabama,  issued  under  ^]^q  ""i'^"""'"- 
authority  of  said  state,  having  not  more  than  ten  years 
to  run,   with   interest  payable  annually,   at  eight  per 
centum  per  annum,  the  following  amounts  :  the  Central  ,^'°^""'  of  state 
Bank  ot  Alabama,  the  sum  of  one  hundred  and  ninety- Ken  by  the  cen- 
onc   thousand   iive  hundred  dollars;  the  Conimercial AnI„unt^JJ•  the 
Bank  of  Alabama,   the  sum   of  one  hundred  and  six ^'''"™"*''*' ^"''• 
thousand  four  hundred  dollars  :  the  Eastern  Bank  of  A"i<"'nt  '>y  the 

All  J 1  !•      •     J       .  1  1  1        •     I   ,    1  hastem  Bank. 

Alabama,  the  sum  ot  sixtj'-three  thousand  eigiit  hun- 
dred and  fifty  dollars  ;  to  be  paal  for  in  coin  if  required 
by  the  governor.     2d.    That  said  banks  shall  resume to  resume  spe- 
spccie  payments  by  the  first  day  of  June,  1862,  but  the  Marmr*^  ^'' 
governor  may,   in  his  discretion,   extend  the  time  of  oovcmor  may 
said  resumption  to  the  first  day  of  the  fourth  week  of*""''""' 
the  next  session  of  the  General  Assembly  of  this  state, 
next  after  said  day. 

Sec.  2.  Be  it  further  enacted,  That  on  the  failure  of f»'1«>-c  to  f-om- 
said  banks,  or  either  one  or  more  of  them,  to  comply  I'hurtcr 
with  the  conditions  imposed  by  the  first  section  of  this 
act,  said  bank  or  banks  so  failing  or  refusing,  shall  for- 
feit tlK'irjj  charter  or  charters,  and  the  governor  is 
required  to  institute  judicial  proceedings  to  obtain  a 
judgment  of  forfeiture  against  such  bank  or  baniv  . 

Sec.  3.  Be  it  further  enacted,  That  so  long  a«  ^  id  Bonds  to  Btan.i 
banks,  or  cither  of  them,  may  actually  own  and  hoi.' 
any  of  the  bonds  taken  by  said  banks  under  the  pro- 
visions of  this  act,  the  amount  of  said  bunds  so  li''ld 
and  owned  by  said  banks  respectively,  shall  be  taken  in 
regard  to  ihe  amounts  of  bills  said  banks  arc  allowed  to 
put  in  circulation,  as  so  much  gold  and  silver  coin. 

Sec.  4.     Be  it  further  enacted.  That  during  the  BUS-fX!*n  \ud^ 
pension  of  specie  jiayments  autliorizcd  by  this  act,  anytbisact. 
bill  holder  holding  the  bills  ot  any  oue  of  .said  banks 


1861.  10 

to  the  amount  of  fifty  dollars  or  more,  may,  if  payment 
of  the  same  in  specie  is  refused  at  the  counter  of  the 
bank  by  which  said  bills  were  issued,  deposit  said  bills 
in  said  bank,  and  require  the  cashier  to  give  him  a  cer- 
tificate of  the  amount  of  bills  so  presented,   and  that 
payment  of  the  same  was  refused,  and  the  date  of  said 
presentment  and   refusal,  and  said  bank  shall  be  liable 
to  the  holder  of  said  certificate  for  the  amount  thereof, 
with  interest  at  the  rate  of  (8)  eight  per  centum   per 
annum,  up  to  the  time  of  resumption  of  specie  jiay- 
mentsby  said  bank,  and  should  said  bank  fail  to  resume 
specie  payment  according  to  the  provisions  of  this  act, 
then  said  bank,  on  the  presentation  of  the  certificate,  shall 
be  liable  to  the  holder  of  such  certificate  for  the  amount 
thereof,  with  (12)  twelve  per  centum  per  annum  interest 
thereon  from  such  presentation  until  paid. 
Penalty  as    to     g-^Q^  5^     j^(,  (i  further  encidcd,  Thatif  any  cashier  shall 
fail  or  refuse  to  give  the  certificate  required  by  the  ])ro- 
visions  of  the  4th  section  of  this  act,  he  shall  forfeit 
and  pay  to  the  bill  holder  demanding  such  ceititicate, 
the  sum  of  one  thousand  dollars. 
Bj.'J«^'°i,|'«,,,^;::     Sec.  6.     Be  it  further  enacted,  That  the  bills  of  said 
ment  of  tax.;s,  \){^,^].^>^  t^^Q  bcrcb}'  uiadc  receivable  in  payment  of  taxes, 
and  all  other  public  dues,  unless  the  governor  shall,  by 
his  proclamation,  otherwise  direct. 
^mthJ'rn^k;     ^EC.  7.     Be  U  fuvtheT  enacted,  That  should  the  Bank 
toik  n^a"'avaiV^^"   ^^o^ile,    and   the  Southern    Bank   of  Alabama  at 
ti^mseivos     ofMobilc,  aud  the  Northern  Bank  of  Alabama  at  Ilunts- 
""''^"-  ville,  before  the  first  day  of  June,  1862,  or  either  of 

them,  suspend  the  payment  of  specie  for  their  notes, 
they,  or  either  of  them  respectively,  shall  be  entitled 
to  all  the  benefits  and  subject  to  all  the  conditions  and 
liabilities  of  the  banks  ot  the  state  now  in  suspension, 
on  condition  that  said  banks  shall  take  at  par,  of  any 
bonds  of  the  State  of  Alabama,  issued  under  authority 
of  said  state,  amounts  following:  The  Bank  of  Mobile, 
the  sum  of  three  hundred  and  nineteen  thousand  one 
hundred  and  fifty  dollars:  the  Southern  Bank  of 
Alabama,  at  Mobile,  the  sum  of  two  hundi-ed  and  twelve 
thousand  eight  hundred  dollars  ;  and  the  Northern 
Bank  of  Alabama,  at  Huntsville,  the  sum  of  one  hun- 
dred and  six  thousand  four  hundred  dollars,  to  be  paid 
Proviso.  for  in  coin,  if  required  by  the  governor  :  Provided,  That 

the  state  shall  not  pay  any  interest  on  the  bonds  held 


11  1861. 

by  tlie  banks,  taken  and  held  under  tlic  provisions  of 
this  act,  until  the  banks  resume  specie  payments  sever- 
ally. 

Apphoved,  February  2,  1861. 


No.  5.]  AN  ACT 

To  alter  and  amend  the  Act  to  Provide  for  the  Prepar- 
ation of  a  Revised  Code  of  Alabama,  of  a  General 
and  Public  Nature. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  commissioner  appointed  by  the 
governor  to  revise  the  code  of  the  statute  laws  of  the 
{State  of  Alabama,  under  the  act  of  the  last  session,  ap- 
proved February  2lst,  1860,  be  required  to  embrace  in 
the  code  to  be  prepared  b}'  liim  under  the  provisions 
of  said  act,  in  addition  to  the  matters  therein  specified, 
all  the  public  statutes  of  a  wneral  nature  passed  at  theP"i<iio   statutes 

'       ,,      ,  .  11      1  1-  /■  II-  ,  oftlie  callcfl  scf- 

present  called  session,  all  the  ordinances  ot  a  public  andsi.m  to  be  in- 
permanent  character  passed  by  the  convention  of  the'^'"'^'''*' 
State  of  Alabama  and  in  force  at  the  time  he  presents 
the  code  to  the  governor,  as  provided  in  said  act.     lie 
shall  also  embrace  in  said  code  the  fundamental   law  of^|,'^",'„\'^^,^^"'!()"j 
any  provisional  government  adopted  by  the  southern  j'j'^'^'^i^w^'^^^^.^^J'^ 
states,  as  well  as  the  constitution  of  the  Southern  Con- states, 
federacy,  if  one  shall   then  be  adopted  and  ratified  by 
this  state;  and   he  shall  indicate,  in  marginal   or  foot |!,'',""f",]"n^'"''{o 
notes,  all  changes  made  in  the  constitution  of  this  state ''^  n<'t«'i- 
b}'  the  ordinances'of  the  convention  ;  or  if  the  conven- 
tion should  adopt  a  revised  constitution  of  the  state,  he 
shall  include  the  same,  instead  of  making  said  marginal 
or  foot  notes,  and  shall  make  his  report  to  the  gover- 
nor in  time  to  be  hud  before  the  General  Assembly  at 
its  regular  session  in  1862. 

Approved,  February  6th,  1861. 


1861.  .12 

Xo.  6.]  AN  ACT  "''^  '  "^ 

For  the  Sale  of  the  Swamp  and  Overflowed  LaiuL'  of 
the  State  of  Alabama,  and  for  other  purposes. 

TeMhe^^ands  for     SECTION  1.     Bc  U  ciiacted  b)j  the  Senae  and  House  of 
sale.  Bepresodativcs  of  the  State  of  Alabama  in  General  Assnubbj 

convened^  That  the  swamp  and  overflowed  lands  accru- 
ing to  the  State  of  Alabama  under  the  act  of  Congress 
of  28tli  of  September,  1850,  when  patented  by  the  gov- 
ernment of  the  United  States,  or  certified  b}-  authority 
to  this  State  as  belonging  to  the  same,  under  and  by 
virtue  of  the  above  recited  act  and  that  of  date  of  2d 
March,  1865,  shall  be  offered  for  sale,  when  the  governor 
shall  deem  it  expedient  for  the  interest  of  the  state. 
Board  of  com-     Sec.  2.     Aud  be  it  farther  enacted^  That  the  governor 
i.r.inted-their''  of  this  statc  is  hereby  authorized  and  directed  to  ap- 
duiies.  point  the  board  of  Swamp  Land  Commissioners  con- 

templated in  act  of  l-ith  February,  1860,  of  the  legii^la- 
ture  of  this  state,  whose  duty  it  shall  be  to  fix  and 
determine  the  prices  of  the  swamp  and  overflowed 
lands,  according  to  their  value,  and  report  the  same  to 
the  governor  of  the  state,  or  such  other  officer  as  may 
have  the  public  lands  of  the  state  in  charge,  who  shall 
order  the  agents  for  the  selection  of  said  lands  to  offer 
the  same  for  sale,  first  at  public  sale  at  the  minimum 
prices  fixed,  and  then  at  private  entr}^,  in  tracts  and 
under  the  rules  and  regulations  of  land  sales  by  the 
United  States. 
n^Tiac'cs  tf  ^EC.  3.  And  be  it  farther  enacted,  That  the  places  of 
s^'«-  sale  shall  be  directed  by  the  governor,  to  suit  the  con- 

venience of  the  people  in  different  parts  of  the  state, 
where  the  lands  may  be  located,  and  the  time  and  place 
of  such  sale  and  entry  shall  be  made  known  by  the  pro- 
f/*JjJ,'°^'^^''^'''"-claraation  of  the  governor,  published  for  six  weeks,  in 
one  pai)er  published  at  the  seat  of  government  and  two 
newspapers  of  extended  circulation  in  the  vicinity  of 
the  lands  to  be  offered. 
Eight  of  entry.  Sec.  4.  And  bc  U  furthcT  enacted,  That  all  persons 
residing  on,  or  havine;  valuable  improvements  on  any 
of  the  aforesaid  lands,  shall  have  the  right  of  entry  of 
the  same,  on  making  satisfactory  poof  thereof  to  those 
who  may  have  chargf".  of  the  sales  provided  for  by  this 
act,  of  tracts  not  exceeding  one  quarter  section  each,  at 
the  minimum  prices. 


18  1881. 

Sec.  5.     And  be  it  further  enacted,  That  the  Governor  "'^vernor  to  ap- 
shall  appoint  receivers  of  the  proceeds  of  all  lands  soldE'duucsf*" 
under  this  act,  who,  with  one  or  more  of  the  selecting 
agents,  shall  conduct  the  public  and  private  sales  of  the 
swamp  and  overflowed  lands,  and  make  full  returns 
thereof  to  the  executive  office,  or  to  the  office  of  any 
one  who  shall  have  control  of  the  public  lands  of  the 
stnte,    and    a   monthly   statement   of    the   amount   of 
moneys  received  to  the  treasurer  of  the  state.      The 
receivers  siiall  issue  receipts  to  purchasers,  fully  describ- 
ing the  tracts  purchased,  according  to  the  survey  of 
the  United  States,  and  keep  a  record  of  the  same  and 
forward  a  monthly  report  thereof,  with  duplicate  re- 
ceipts issued  by  him,  to  the  executive  office,    and  the 
agent  or  agents  conducting  the  sales  shall  report,  month- 
ly and  quarterly,  abstracts  of  the  applications  issued  by 
them  and   certificates  of  purchase  made  of  him,    and 
copies  of  all  proofs  made  before  him  of  settlement  and 
improvements.    When  two  or  more  persons  shall  claim 
the  same  tract  of  land,  the  agent  and  receivers  shall  cite 
the  parties  in  interest  before  them,  and  after  a  full 
hearing,  shall  determine  wdio  shall  have  the  right  of 
purchase,  keeping  a  full  record  of  the  trial,  and  forward 
a  copy  thereof  to  the  executive  office.    The  agents  and^J[^J^J[^  «"ji  ^"^c- 
receivers  shall  have  power  to  administer  all  necessary  minister  nati.s. 
oaths  to  parties  and  witnesses,  and  issue  commissions 
to  take  testimony,  in  all  matters  relating  to  the  public 
land  sales  under  this  act,  and  charge  the  usual  fees  of 
courts  for  like  services,  and  for  every  decree  the  sum  of 
two  dollars  to  be  paid  by  the  party  making  the  costs. 

Sec.  6.  And  be  it  further  enacted,  That  the  receivers /'«<^c'-vers  nhaii 
shall,  before  entering  upon  the  cnscharge  ot  tiieir  duties,  make  bond, 
take  an  oath,  before  some  judge  or  justice  of  the  peace, 
faithfully  to  discharge  their  duties  according  to  law,  and 
enter  into  a  bond,  with  good  and  sufficient  securities,  in 
sucli  sum  as  the  governor  shall  direct,  and  to  be  ap- 
proved by  him,  conditioned  for  the  faitliful  iierformance 
of  his  duties,  and  the  payment  to  the  treasurer  of  the 
state  of  all  moneys  that  may  come  into  his  iiands  from 
sales  of  lands  under  tljis  act;  and  the  agents  shall  file 
an  oath  faithfully  to  discharge  their  duties  as  superin- 
tendents of  sales. 

Sec  7.     And  be  it  further  cnnctol.  That  the  treasurer  fi«'o   ireMnrcr 
of  the  state  shall  receive  all  moneys  arising  from  sales  money*, 
of  lands  under  this  act,  and  keep  tlie  same  separate  and 


1861.  14 

ap:irt  from  otlicr  fniuls  of  the  state,  and  style  the 
moneys  so  received  swamp  land  fund,  and  shall  ac- 
count for  and  be  liable  for  the  same  as  for  other  public 
moneys. 
Kind  of  money  Skc.  8.  And  bc  It  fui'thcr  cnactcd,  That  tlie  receivers 
received.  ghall  rcceivc  gold  and   silver,  and  the  notes  of  such 

banks  as  shall  be  received  in  pa3'mcnt  of  taxes  due  this 
state,  for  hinds,  and  pay  the  same  to  the  treasurer  of 
the  state  quarterl}^  taking  duplicate  receipts  for  the 
same,  and  torv  ard  one  copy  to  the  executive  ofhce  and 
Compensation.  f{\Q  one  copy  lu  liis  office ;  and  as  compensation  for  his 
services,  shall  be  entitled  to  two  and  a  half  per  centum 
on  all  moneys  arising  from  the  sales  of  lands  under  this 
act,  provided  it  shall  not  exceed  ei^ht  hundred  dollars 
per  annum,  that  he  pays  over  to  the  treasurj'  of  the 
s'ate.  And  the  agents  for  superintending  sales  shall 
be  entitled  to  two  and  a  half  per  centum  of  the  amount 
of  sales  made,  paj-able  quarterly,  under  such  rules  and 
re:2;ulations  as  the  governor  shall  establish,  provided  it 
shall  not  exceed  eight  hundred  dollars  per  annum. 
Privilege  of  Sec.  9.     And  be  it  farther  enacted,  That  the  agents  for 

egentB.  ^^^^  sclcction  of  swamp  lands  shall  have  the  right  to 

examine  all  maps,  field-notes,  books,  and  charts  belong- 
ing to  the  state,  relating  to  the  public  lands,  and  be 
furnished  with  the  acts  of  the  legislature  and  other 
public  documents  and  maps,  as  are  other  public  func- 
tionaries. 
Receivers    pay     !Si-:c.  10.     And  be  U  f'lrther  enacted,  That  the  receivers 

for     advertising    in  -i  i^         i  i  •    i  •  ^-  r 

and  stttiioncry.  Hhall  pa}'  tlic  ucccssary  expense  oi  publishing  notices  ot 
sales  of  land,  and  of  stationery  and  blanks;  requiring 
that  all  bills  shall  be  in  duplicate,  and  proved  to  be 
made  according  to  customary  rates  and  prices  of  sales, 
and  keep  an  expense  account  of  the  foregoing  items, 
and  vouchors;  and  when  approved  by  the  comptroller 
of  the  state,  shall  be  [jassed  to  the  credit  of  the  receiver; 
all  of  which  shall  be  paid  from  the  swamp  and  over- 
flowed land  fund. 

STepTtcnts?  "*  Sec.  11.  And  be  it  further  enacted,  That  the  governor 
of  this  state,  after  ai)provii  g  the  sales  of  lands  pro- 
vided for  in  this  act,  sjuijl  cause  the  same  to  be  patented, 
conveying  all  the  title  of  the  state  to  the  purchaser,  or 
his  assignees. 

Penalty  for  cut-     gjjc.  12.     And  be  it  further  enacted,  That  any  person 

lingorrcinovinK  iii,  .*^i-lj. 

timber  or  wood,  or  pcrsons  who  shall  cut  or  remove  any  tree  or  light 
wood  from  any  lands  belonging  to  the  United  States  or 


15  1861. 

the  State  of  Alabama,  or  that  this  state  may  hereafter 
acquire,  shall  be  snbjcet  to  inclietmeut,  and  be  fined  in 
the  sum  of  five  dollars  for  every  spar  so  taken,  and  for 
every  tree  of  any  kind,  one  doUar;  and  for  every  cord 
of  light  wood  removed  for  the  purpose  of  sale,  one  dol- 
lar ;  and   for  every  tree  boxed  for  turpentine,  twenty- 
five  cents;  and  in   default  of  paying  the  fine  as  above 
stated,  shall  be  imprisoned,  as  in  other  state  cases.     Itnuty  ofjugtices 
shall  be  the  duty  of  the  justices  of  the  peace,  on  com- ji,,ig'.!of  drcnu 
plaint  being  made  to  them,  to  bind  over  to  the  next ',;'""' ''"*^''""^''" 
circuit  court  all  persons  who  may  commit  trespasses  on 
the  public  lands,  and  it  is  hereby  made  the  duty  of  the 
judges  of  the  circuit  courts  to  give  this  act  specially 
in  charge  to  the  grand  juries  of  the  different  counties 
of  this  state  ;  and  the  solicitors  of  the  diftcrent  circuits 
shall   be   entitled  to  a  fee  of  ten  dollars  for  every  con- 
viction under  this  act.     One-half  of  thj  aforesaid  fines 
shall  go  to  any  person  who  will  prosecute  the  offender 
to  conviction,  and  the  other  to  the  State  of  Alabama. 
Approved,  February  8,  1861. 


No.  7.]  AN  ACT 

To  exempt  certain  property  from  levj'  and  sale  for  the 
use  of  families. 

Section.  1.     Be  it  enacted  by  the  Senate  aud  Home  of 
Hcprcscutatircs  of  the  State  of  Alabama  in  General  Asscnibbj 
conrru.rd,  That  from  and  after  the  passage  of  this  act,  in 
addition  to  the  pro])erty  now  exempt  from  levy  and 
sale  under  any  legal  process,  for  the  use   of  families, 
there  sluill  be  also  in  like  manner,  exempt  for  the    "sef^^'^J;^/^'^,^,''^^^}. 
of  every  mechanic  who  is  the  head   of  a  family  in  this{*"»'timire.i.it.i- 
state,    two   hundred   dollars    worth    of  such    stock  q,.  •'""^•"P- 
materials  as  ma}'  be  used  by  him  in  the  prosecution  of 
his  tnide. 

Approved,  February  8,  1861. 


1861.  16 

Xo.  8.]  AN  ACT  -f^"' 

To   appropriate   $500,000   to   the   cause   of  Southern 
Independence. 

Section  1.  Be  it  enacted  by  the  Senate^  and  House  of 
Heprcsentatircs  of  the  State  of  Alabama  in  General  Assembly 

Tobe  taken  as  &  convened,  That  the  sum  of  live  hundred  thousand  dollars 
be,  and  the  same  is  hereby  appropriated  and  placed  at 
the  disposal  of  the  Southern  Congress,  now  in  session,  or 
of  tlie  Provisional  Government  of  the  confederacy  of 
seceding  states,  which  the  said  Congress  may  establish, 
by  way  of  a  loan  to  said  Provisional  Government  or 
Confederacy,  and  that  the  governor  be  and  is  hereby 

How  paid,  and  empowered  and  required  to  pay  out  the  said  sum  of  live 

In  what  money,   i^ji,,  jjii  '  i  j.  lo.  i 

hundred  thousand,doilars,  in  such  amounts  and  at  such 
times  as  the  said  Congress  or  Provisional  Government 
may  direct,  taking  duly  accredited  receipts  for  the 
amounts  so  paid  out :  F/ovidcd,  That  it  shall  be  left  to 
the  discretion  of  the  governor  to  pay  the  said  amounts 
in  coin,  or  in  any  currency  of  the  State  of  Alabama,  or  in 
bonds  of  the  state,  or  in  the  treasury  notes  of  this 
state,  authorized  to  be  issued  under  the  authority  of 
any  law  of  this  state. 
Approved,  February  6,  1861. 


No.  9.]  AN  ACT 

Authorizing  the  Governor  to  issue  Treasury  Notes. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Reprcsc7itatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  for  the  payment  of  any  expenses  incurred 
by  the  State  on  account  of  the  passage  of  the  ordinance 
of  secession,  it  shall  and  may  be  lawful  for  the  gover- 
nor to  issue  the  notes  of  the  state,  in  such  sums  as  he 
Kotesnot  lotx-niav  dccm  advisable,  not  exceeding  one  hundred  dollars 

cteil     one    hnn-  \  ,  ,  ,       ,i  ,  7>    j^i  cii.    j.         i 

(1ml dollars cj.ch  each,  payable  at  the  treasury  ot  the  btate,  bearing 
"''■''"'*""'"^'-''^^"  interest,  not  exceeding  six  percent,  per  annum,  with 
which  or  with  means  arising  from  the  sale  thereof,  he 
shall  pay  the  debts  of  the  state,  and  which  notes  so 
issued  and  paid  out  or  sold,  shall  be  received  by  the 
state  in  the  payment  of  all  taxes  and  public  dues  to 


17  1861. 

the  state  of  every  denomination,  and  for  all  corporate '''''''Viii'ie     in 
and  county  taxes,  laid   or  assessed  alter  the  ])assage  ot  ami  imbiic  dues, 
this  act  :  Provided.,  The  whole  amount  of  said  treasury 
notes  issued  by  virtue  hereof  shall  not  exceed  (^1,000,000)  .^.'^'"'"^  ""Txl^l 
one  million  dollars  :    And  iwovided  further.,  That  whcn-*i,oop.ooo. 
ever  the  public  officers  receiving  said  notes  for  public 
dues  shall  \>ixy  the  same  out   again,   it- shall    not  be 
deemed  or  held  that  the  state  is  therebj'  released  from 
its  obligations  to  pay  the  same  to  any  holder  thereof. 

Sec.  2.  Be  it  farther  enacted.,  That  it  shall  be  the  compiroiior  and 
dut}'  of  the  comptroller  and  treasurer  of  the  state,  each,  isuTmucs?  "*''' 
to  keep  a  book  wherein  every  note  issued  shall  be  register- 
ed, numbered,  dated,  and  the  denomination  thereof  set 
down;  which  notes  shall  be  signed  by  the  treasurer  and 
countersigned  by  the  comptroller,  before  they  are  issued 
and  paid  out;  whi(di  said  notes  shall  be  thereafter 
transferable  by  deliver3\ 

Sec.  3.  Be  it  farther  enacted.,  That  if  any  person  orP™j'^|J>^'<"''"'"'g- 
persons  shall  forge  or  falsely  alter  any  note  issued  by 
virtue  of  this  act,  or  shall  utter  or  attempt  to  [lass  any 
forged  or  altered  note  purporting  to  be  a  note  issued  in 
pursuance  of  this  act,  knowing  such  note  to  be  forged 
or  altered,  such  person  or  persons  shall  suffer  the  pains 
and  penalties  now  affixed  by  law  for  forgery  in  the  first 
degree  :  Provided.,  That  anj^  note  issued  under  the  au- 
thority of  this  act,  after  beino:  sio;ued,   numbered  and^"    be  sigm-d 

•'        T  •        1  1  1         "  1      11     1       ■•  1      •  nninbcrcd      and 

registered,  as  required  by  the  act,  shall,  before  being  put  rcnisim-.i  i>y 
into  circulation,  be  delivered  to  the  state  treasurer,  and 
charged  in  his  office  and  against  him,  as  so  much  cash, 
and  accounted  for  accordingly. 
Approved,  February  8,  18(j1. 


^To.  10.]  AN  ACT 

To  amend  an  Act  entitled  "An  Act  to  loan  and  appro- 
l»riate  the  Three  per  cent.  Fund,  and  its  Interest." 

WiiEREAP,  By  an  act  of  the  general  assembly  of  thcp,^„r 
State  of  Alabama,  approved  February  18th,  I860, 
entitled  "  An  act  to  loan  an  appropriate  the  Three  per 
cent  Fund,  and  its  interest,"  certain  powers,  riglits, 
privileges  and  donations  were  conferred  upon  the  Tcn- 
2 


1861.  18 

iicssec  and  Alabama  Central  Railroad  Company,  upon 
certain  conditions:  And  whi^rbas,  The  said  Tennessee 
and  Alabama  Central  Railroad  Company,  have,  in  legal 
forn),  conveyed  to  the  Mountain  Railroad  Contracting; 
Company,  all  right,  title  and  interest  in  and  to  the  said 
powers,  privileges,  rights,  and  donations,  and  have 
recommended  and  consented  to  the  changes  and  amend- 
ments in  said  act  which  are  hereinafter  proposed^:  now 
therefore, 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
substitnicR        conreucd,  That  the  said  act  entitled  "  An   act  to  loan 
Koa"'"c?miract-^"^  ^lU^^'^^P^'^^t^^  Thrcc  pcr  ccut.  Fiiud  audits  in- 

iug  conipanv.  tcrcst,"  be,  aud  tlic  same  is  hereby  amended  b}'  striking 
out  the  words  "Tennessee  and  AUibama  Central  Rail- 
road Company,"  wherever  they  occur  in  said  act,  and 
inserting  in  lieu  thereof  the  words,  "Mountain  Railroad 
Contracting  Company,"  and  the  said  Mountain  Rail- 
road Contracting  Company  shall  thereupon  be  entitled 
to  all  the  rights,  powers,  privileges  and  donations  which 
are  conferred  by  said  act  upon  the  Tennessee  and  Ala- 
bama Central  Railroad  Company,  and  be  subject  to  the 
same  duties,  liabilities  and  contingencies  as  are  im- 
posed therein  upon  the  said  Tennessee  and  Alabama 
Central  Railroad  Company:  Prorfr/cf/,  That  the  said  Ten- 
nessee and  Alabama  Central  Railroad  Company,  no 
matter  by  whom  constructed,  shall  be  constructed  to 
r.oa.i  to  run  logome  poiut  at  or  near  Montevallo,  as  indicated  in  the 

or   near    Monte-        •  i        \    tt  rp       i  i  •     ^      j_-i  r\^^  l. 

vaiK).  said  act  "  lo  loan  and  appropriate  the  Three  per  cent, 

fund  and  its  interest,"  approved  February  18,  18G0,  and 
that  all  other  railroads  now  constructed,  or  hereafter  to 

Right  of  connec- be  coustructcd,  iu  this  state,  shall  have  the  right  to 
connect  with  the  said  Tennessee  and  Alabama  Central 
Railroad,  upon  the  terms  and  conditions  usual  in  the 
comity  of  railroad  companies,  without  any  discrimina- 
tion against  or  in  favor  of  any  one  or  more  of  said  other 
railroads  over  the  rest:  Provided  farther,  that  tieither 
the  foregoing  proviso,  nor  any  act  to  which  this  is  an 
amendment,  shall  operate  at  all  in  favor  of  any  railroad 
company  that  has  not  iirst  agreed  and  bound  itself  to 
allow  to  the  Tennessee  and  Alabama  Central  Railroad 
Company,  and  to  the  Mountain  Railroad  Contracting 
Company  aforesaid,  all  tlie  rights  and  privileges, it  may 
claim  under  tlie  provisions  of  this  act,  and  not  to  make 
or  continue  any  regulation  or  discrimination    to  the 


19  1861. 

prejudice  of  snid  Tennessee  and  Alabama  Central 
Railroad  Company,  or  the  said  Mountain  Railroad  Con- 
traeiing  Company. 

Approved,  February  7,  1861. 


No.  11.]  a:n^  act 

To  appropriate  and  dispose  of  the  Two  per  cent.  Fund 
now  in  the  Treasury  of  the  State. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Bcprescntatkes  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  Two  })er  cent.  Fund  now  on  hand,  Amiropriatcf>  m 
and  in  the  Treasury  of  the  State,  and  lield  in   trust  for^J"„';'J";'^g  y^^^_ 
two  speciiied  purposes,  as  declared  by  act  of  Congress "» Rail  Roa<i. 
approved  4th  September,  1841,  be,  and  the  same  is  here- 
by appropriated  to  the  Alabama  and   Tennessee  River 
Railroad  Company,  on  the  terms  and  conditions  lierein- 
aftcr  mentioned. 

Sec.  '1.     Be  it  farther  enacted,  That  the  appropriation  Api>ropriaiio,i 

hereby  made  shall  be  taken  in  stock   in  said  railroad 'too^ 'bv*"ti.c 

company  in  the  name  of  the  State  of  Alabama,  in  the^'"'*^'- 

manner  and  on   the  same  terms  specified  in  the  act  of 

the  General  Assembly  entitled  "An  act  to  appropriate 

the    unappropriated  part  of  the  Two  per  cent.  Fund, 

and  a  portion  of  the  Three  per  cent.  Fund,"  approved 

February  4,  1850,  and  certificates  of  stock  shall  be  issued 

to  the  State  in  the  same  manner  for  the  amount  drawn 

as  required  by  said  last  mentioned  act. 

Sec.  3.     Be  it  farther  enacted,  That  before  obtaining<'"nfipnn>  to^ivo 
.l         /.        i     i  1      ■  •    .      1  •  1  -I  1  "^    bond  fiir  tiiltlifiil 

the  tunu   hereny  appropruitcd,  said   railioad  company  nppii.niion     or 

shall  give   bond   and   security,  to   be   approved  by  tiie""' '^""''• 

governor,  conditioned  that   the  amount  received  under 

this   act  shall  be  faithfully  ap[)licd   in   paying  to  the 

state  the  duties  that  may  be  required  on  the  iron  rails 

now  in  the  custom  house  of  the  state,  at  Mobile,  whii-ii 

iron  lias  been   recently  entered  in  the  custom  house  of 

the  State  of  Alabama,  and    also  faithfully   applied    in 

laying  down  said   iron  rails  from  the  present  terminus 

of  said  road  in  the  direction  of  Gadsden,  in  the  county 

of  Cherokee. 

Approved,  February  7,  1861. 


1861.  20 

No.  12.]  AN  ACT 

To  autlioi'izc  an  Extension  of  Sixteenth  Section  Notes. 

Section  1.  Be  it  enacted  b)/  the  ^^enate  cmd  House  of 
Mepresentaiives  of  the  State  of  Alabama  in  General  Assembhj 
convened,  That  the  trustees  of  the  public  school  for  the' 
ten  dollars  to  be  several  towuslilps  of  tliis  statc  be,  and  they  are  hereby 
extended.  authorizccl  to  extend  the  time  of  payment  of  all  notes 
that  are  or  may  become  due,  for  the  purchase  of  school 
lands  in  said  township,  under  and  according  to  the  pro- 
visions of  the  general  law,  entitled  "An  act  to  renew 
an  act -to  extend  the  debts  due  the  Sixteenth  Sections," 
approved  Februar}-  24, 1860,  notwithstanding  an  exten- 
sion on  said  notes  was  not  claimed  in  six  months  after 
maturity,  and  notwithstanding  the  said  notes  may  have 
been  placed  in  the  hands  of  the  attorney  general  for 
collection,  or  upon  which  judgments  may  have  been 
rendered,  provided  the  said  trustees  shall  deem  it  safe 
for  said  notes  to  be  renewed,  and  provided  parties 
claiming  the  benelit  of  this  act  shall  pay  all  costs  and 
expenses  to  secure  or  enforce  the  collection  of  the  same : 
Provided  farther,  That  the  provisions  of  this  act  shall 
not  be  extended  to  any  note  under  the  sura  of  ten  dol- 
lars: Provided  farther,  That  the  transferee  of  the  cer- 
tificate of  purchase  in  any  case  shall  be  entitled  to  the 
same  privileges  of  extension  as  original  purchasers,  upon 
the  substitution  of  his  note  with  sufhcient  securities,  to 
be  approved  by  the  trustees  and  judge  of  probate. 
Approved,  January  29,  1861. 


No.  13.]  AN  ACT 

To  repeal  Article  Third,    Chapter  First,  Title  Second, 
of  the  Code  of  Alabama. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
iic^e8'"io '"th"^^^^^^'''^^'  That  Article  third,  Chapter  first.  Title  second, 
Un1u*d  st^atee.  *  of  the  Codc  of  Alabama,  fVom  section  twenty-one  to 
twenty-three,  inclusive,  be  and  the  same  is  hereby  re- 
pealed. 
Approved,  February  8,  1861. 


21  18G1. 

No.  14.]  AN  ACT 

To  repeal  Article  33  of  Section  391  of  the  Code  of  Ala- 
bama, so  far  as  the  same  relates  to  taxation  on  revol- 
ving pistols. 

.  Section  1.     Be  it  enacted  hy  the  Senate  and  House  of 
Bcpresentativcs  of  the  State  of  Alabama  in  General  Asscmhli/ 
convened,  That  article  33,  of  section  391,  of  the  Cotle^j}^.'^'^  I'^'J^,;;'' 
of  Alabama,  be  and  the  same  is  hereby  repealed,  in  so"    "^  ' 
far  as  the  same  extends  to  taxation  on  revolving  pistols. 
Approved,  February  8,  18G1. 


No.  15.]  AN  ACT 

To  repeal,  in  part,  an  act  entitled  an  act  to  regulate  the 
agencies  of  Insurance  Companies  not  incorporated 
by  the  State  of  Alabama,  approved  24th  Feb.,  18G0. 


I 


Section  1.  Be  it  enacted  hy  the  Senate  and  i/b^/.^c  o/ijopeaissonmch 
Representatives  of  the  State  of  Alabama  in  General  Assembly  ;j|,'/p^,  "^J,/^-  '",■; 
convened.  That  so  much  of  an  act  entitled  "An  act  to';"''"?"'?^  "\''f 

,         '       ,  .  „   .  .  .        <lepi>sile<l     Willi 

regulate  the  agencies  or  insurance  companies  not  in-c.>mptroiur. 
corporated  by  the  State  of  Alabama,  approved  the  24th 
February,  1860,"  as  requires  the  agent  or  agents  of  any 
fire,  river,  or  marine  insurance  company',  incorporated  by 
any  foreign  government,  to  deposit  with  the  comp- 
troller of  the  state  the  slock  or  certiticate  thereof  of 
one  or  more  of  the  United  States  to  the  amount  of  one 
hundred  thousand  dollars,  be  and  the  same  is  hereby 
repealed. 

Sec.  2.  Be  it  farther  enacted.  That  the  12th  section  AnR-ii<iiit..ry. 
of  said  act  be  amended  by  adding  thereto  the  following 
proviso,  viz  :  Provided,  They  shall  not  be  held  to  pay 
the  sum  of  two  hundred  dollars,  under  section  8  of 
saitl  act,  for  the  benefit  of  fire  companies  or  lire  de- 
partments, unless  such  life  insurance  and  trust  com- 
panies on  taking  or  i)roposing  to  take  fire,  river,  or 
marine  risks. 

Ai'i'KOVKD,  February  5,  1861. 


1861.  22 

No.  16.]  AN  ACT 

To  autlionze  books  to  be  opened  at  the  city  of  Mnnt- 
g-oinery  for  subscriptions  to  the  Capital  Stock  of  the 
iiank  of  Akibama. 

Section  1.  Be  it  enacted  bi/  the  Senate  and  House  of 
Represeniaikcs  of  the  State  of  Alabama  in  General  Assembly 

Commissioners,  conccncd,  That  Edmund  Harrison,  John  Wiiitina:,  Wil- 
liam i\  Bibb,  Thomas  H.  Watts,  and  John  D.  Phehm, 
be  and  tliey  are  hereb}"  appointed  commissioners,  with 
authority  to  open  at  the  city  of  Monts^omery,  at  an}'- 
time  within  one  year  from  the  passage  of  this  act,  books 
for  subscription  to  the  capital  stock  of  the  Bank  of 
Alabama;  and  the  said  commissioners  are  hereby 
directed  and  authorized  to  proceed  to  execute  such  ser- 

Mode    of    <iis-vice  in  the  mode  and  manner,  and  under  the  rules  and 

charging  dnti<>s.  ■,     ,.  -i       i   /■        j^i  •     •        i  •      • 

regulations  prescribed  tor  the  original  commissioners 
in  the  "Act  to  incorporate  the  Bank  of  Alabama,  and 
for  otlicr  purposes,"  approved  February  13,  1860,  so  far 
as  the  provisions  of  said  act  in  this  behalf  can  be  made 
conformable  to  the  object  of  this  act,  namely:  the 
opening  of  books  of  subscription  at  the  city  of  Mont- 
gomery within  one  year  from  the  date  of  this  act. 
Corporations au-     Sec.  2.     Be  it  furthcT  enacted.  That  it  shall  be  lawful 

thorized  to  sub- /•  .1  'l  c   •\'r        1^  '  ii  x* 

ecribefor  stock.  lor  tiic  City  ot  Montgomery,  or  any  other  corporation 
created  under  the  authority  of  this  state,  to  take  or 
subscribe  tor  any  number  of  shares  of  the  capital  stock 
of  said  Bank  of  Alabama,  which  the  city  of  Mont- 
gomery is  authorized  to  subscribe  for  by  the  existing 
law;  and  all  laws,  or  parts  of  laws,  contrary  to  the  pro- 
visions of  this  act,  are  hereby  repealed. 
Approved,  February  8,  18*61. 


Ko.  17.]  AN  ACT 

To  regulate  the  fees  of  Solicitors  in  certain  State  cases. 

soHoitor's  fees  SECTION  1.  Bc  it  enacted  by  the  Seiiate  and  House  of 
on  conviction  Representatives  of  the  State  of  Alabama  in  General  Assembly 
s"avcT "twenty- (^owye/iec^,  That  heroalter,  on  conviction,  upon  indict- 
murderlrrmai^'^^*^"^^  ^or  the  offeuccs  herein  specified,  the  solicitor's 
fiaugiitcr     tifiyfces  shall  be  as  follows,  to-wit:  Upon   convictions  for 

dollars — capital         .  .  ,.  -y  n^    y   •  •    i       i 

oiTence  against  uuisunces  in  trading  and  tratnckmg  witli  slaves,  twenty- 
HvodoiiarT'"^'five  doUars;  in  cases  for  murder  or  manslaughter,  fifty 


23  ISfil. 

dollars;  ag'ainst  slaves  in  any  capital  offence,  twenty- 
fivo  dollars. 

Sec.  2.     And  be  it  farther  enacted,  kc,  That,  for  jjam-foein  pamwinpr 

/•    .  1  i"  ,•  1    •  ■  •  r»   n\  ct       ,, cases  reduced  to 

ing  at  an}'  of  the  puaces  mentioned  in  section  6,246  or  ten  dollars, 
the    code,  where  a  plea    of   sc^^ilty  is  interposed,   the 
solicitor's  fee  shall  be  reduced  to  ten  dollars. 
Approved,  Fchrnary  8,  18(31. 


Ko.  18.]  AN  ACT 

In  relation  to  Guardians  of  Idiots,  Lunatics,  and  Per- 
sons non  compos  mentis. 

Section  1.     Be  it  enacted  b)/  the  Sena'e  and  House  of  vruu-Me   ooi.rH 
Representatives  of  the  State  of  Alatjama  in  General  Assemblt/  to"LT".n.pcrry 
conrened,  That  it  shall  be  lawful  for  the  courts  of  pro- ^"i"»y ''^''''^■ 
bate  to  grant  to  the  guardians  of  idiots,  and  persons 
non  compos  mentis,  orders  to  sell   the  property  of  their 
wards  for  the  purpose  of  paying  the  debts  of  the  wards 
contracted  before  they  were  declared  incapable  of  man- 
aging their  own  business;  or  for  their  maintenance. 

Si;c.  2.     Be  it  further  enacted,  That  the  said  guardians  8aic»   governed 
must  pursue  the  course  prescribed  by  law  governing  the  f;yJc'*as"Ts!r- 
sales  of  property  by  administrators  for  tlie  payment  of"''"''*^''"'°"- 
debts,  in  an}'  application  made  by  said  guardian  under 
this  act;  and  the  same  rules,  so  far  as  applicable,  shall 
govern  the  courts  of  probate,  in  acting  u[)on  the  appli- 
cations of  guardians  under  this  act. 

Sec.  3.     Be  it  further  cna<ded,  ThAt  2:nan\\i\us  as  afovQ-^^^^'^''^^    >"*.' 

•1  1  "li-l  "^         J.         1.     J.       ^      ^       l>e  sued  ford  ebta 

said  may  be  sued   at  law,  upon  any  contract,  tort,  de-of  wanu 
fault,  or  miscarriage  of  the  ward  made,  done,  or  sufi'ered 
before  the  said  ward  was  placed  under  guardianship,  or 
for  necessaries  furnished  to  the  ward  before  the  appoint- 
ment of  a  guardian. 

Approved,  February  8th,  1861. 


1861.  24 

In'o.  19.]  AN  ACT 

To  Secure  the  Rights  of  Patentees  and  Authors,  and 
their  assignees,  in  the  State  of  Ahibania. 

Secures    ri-iits     Section  1.     Bc  U  enactcd  hii  the  Senate  and  House  of 

held  under  laws    ,^  .  r    i      n  r     ti    i  •    '  /-y  i     i  i  i 

of  the  United  Rcpreseutatwes  oj  the  State  oj  Alabama  in  General  Assembuj 
mu  day' oUan°,  convened,  That  all  persons  who  have  heretofore  obtained 
'^''^-  letters  patent  for  any  useful  art  or  invention,  or  im- 

provement thereon,  or  who  have  secured  the  copyright 
to  any  map,  chart,  book  or  books,  print  or  prints,  or 
their  assignees  or  legal  representatives,  being  citizens 
of  any  of  the  states  seceding  from  the  United  States, 
shall  have  and  enjoy  the  same  rights  and  privileges  and 
securities  in  such  patents  and  copyrights  as  they  were 
entitled  to  under  the  laws  of  the  United  States,  in  ex- 
istence prior  to  the  eleventh  day  of  January,  18G1. 
AH   judgments,      q^q^  2.     Be  it  further  enacted.  That  all  judgments  and 
heretofore  '"ob- dccrccs  of  tlic   courts  of  the  United  States  heretofore 
uedln force"""' rendered  in   this    state,  establishing  a  patent  or  copy- 
right, and  all  orders  made,  and  injunctions  and  other 
process  issued  by  said  courts,   are  hereby  continued  in 
force,  and  are  to  be  held  valid  and  binding  upon  all  the 
citizens  of  this  state,  to  the  same  extent  they  were 
under  the  laws  of  the  United  States  prior  to  the  with- 
drawal of  Alabama  from  the  United  States. 
Laws    of    the     Sec.  3.     Be  it  further  enacted,  That  the  laws  of  the 
continued      in  United  Statcs,  and  the  construction  of  the  same  by  the 
appHcabief"  ''^courts    thcrcof  heretofore   made,  are   hereby   adopted 
and  continued  in  force  as  far  as  applicable  in  determin- 
ing the  rights  of  parties  as  to  patents  and  copyrights, 
as  named  in  the  1st  section  of  the  act,  to  the  same  ex- 
tent they  were  prior  to  the  11th  of  January,  1861. 
Circuit  courts  in-     Sec.  4.  Bc  U  furthcr  enacted,  That  the   circuit  courts 
erscrfiheUuHed  of  tliis  statc  arc  hereby  invested  with  all  the  jurisdiction, 
states  courts,     power  and  authority,   legal  and  equitable,  which  was 
vested  in   the  courts  of  the  United  States  under  the 
constitution  and  laws  thereof,  in  the  trial  of  all  matters 
as  to  patents  and  copyrights,  and  that  the  same  rules  of 
court   practice   and   modes   of    procedure   are   hereby 
adopted  and  continued  in  force  as  far  as  applicable  for 
the   trial   and   government    of    patent   and    copyright 
causes  in  the  said  state  courts. 
Causes,     judff-      Sec.  5.  Be  it  further  enacted,  That  all  causes,  judg- 
and  ^<i.«- ii^ents,  decrees,  and  process  of  all  kinds  on  the  dockets 


njents    and    de- 
crees 


25  1861. 

of  the  district  and  circuit    courts  of  the  United  States <"■'<•'  ""<'  <v'T"'' 
in  this  state,  in  relation  to  patents  and  copyrights,  be  s'ia7es 't'ians"'r\i 
transferred  to  the    circuit  courts  of  the    counties  j^  tocr^u'^^ourt*. 
which  said  United  States  courts  were  respectively  held, 
and  that  all  suits  of  this  kind  hereafter  brought  shall 
be  made  returnable  to  the  circuit  courts  of  the  coun- 
ties in  which  either  defendant,  if  more  than  one,  may 
reside,  and  that  such  causes,  judgments,  decrees,  and 
process,  be  there  enforced  to  the  same  extent  they  were 
in  the  United  States  courts  prior  to  the  withdrawal  of 
Alabama  from  the  United  States. 

Sec.  0.  Be  it  ftnihtr  enacted,  That  all  the  duties,  Ha-Dufics  of  cicrks 

,  ...    .  T  ',    .  1-111  1  1       ""*'  sheriffs  un- 

bilities,  and  penalties,  which  b}'  law  now  attach  to  the der tins  act. 
offices  of  the  clerks  of  the  circuit  courts,  and  sheriffs 
of  the  several  counties  of  this  state,  are  hereby  de- 
clared to  be  operative  and  binding  on  all  such  officers 
in  this  state  in  the  performance  of  their  duties  under 
this  act. 

Sec.  7.  Be  it  farther  enacted,  That  the  party  against KdupS 
whom  any  judgment  or  decree,  rendered  in  any  suit  in'^o"'"'- 
this  state,   involving  patents  or  copyrights,  may  appeal 
to  the  supreme  court  in   the  same  manner  and  upon 
the  same  terms  and  conditions  that  appeals  are  allowed 
in  other  cases. 

Approved,  Februarv  8,  1801. 


Xo.  20.]  AN  ACT 

Supplemental  to  An   Act  to  establish  a  Hospital  for 
Insane  Persons  in  Alabama. 

Section  1.     Be  it  enacted  by  the  Senate  arid  House  of 
Bepresentatires  ol  the  State  of  Alabama  in  (reneralAf^scndibj 
cojivened,  That  when  a  j)erson  in  indigent  circumstances,  Proccc.iinpi.  for 
not  a  pauper,  becomes  insane,  ap}>lication  may  be  madc|n*i'ige"r'''"j'«T!^ 
in  his  behalf  to   a  judge   of  the  probate  court  in    the*;^^^;  °"'  i«»"- 
county  where  he  resides;  and  said  judge  shall  call  one 
respectable  phj-sician  and  other  credible  witnesses,  and 
fully  investigate  the  facts  of  the  case,  and  either  with, 
or  without  the  verdict  of  a  jury,  at  his  discretion,  shall 
decide  the  case  as  to  his  insanity  and  indigence  ;  and  if 
the  said  judge  believe  that  satisfactory  proof  lias  been 
adduced  showing  him  to  be  insane,   and  his  estate  in- 


26 


sufficient  to  support  him  and  his  family,  (or  if  he  has 
no  family,  himself,)  under  the  visitation  of  insanit}',  on 
their  certificate,  authenticated  bj'  the  seal  of  the  pro- 
bate court,  he  shall  be  admitted  into  the  hospital,  and 
Supported  at  the  supported  there  at  the  expense  of  the  county;  the  said 

expense    of   the  •!•  i  ini  --i  , 

county.  judge,  m  such  case,  sliall  have  requisite  power  to  com- 

pel the  attendance  of  witnesses  or  jurors,  and  shall  tile 
the  certificate  of  the  physician,  taken  under  oath,  and 
other  papers  relating  thereto,  with  a  report  of  the  pro- 
county  eommis-^*^^^^''"^^  ^^^^  dccisiou,  aiu.l  report  the  fact  to  the  board 
sioners  to  raise  of  couutv  commissionei's  at  their  next  meeting,  whose 

the  money.  -,  •ini  '  i  •    •  i 

duty  it  shall  be  to  raise  the  money  requisite  to  meet  the 
expenses  of  support,  and  as  soon  thereafter  as  practica- 
ble, pay  it  to  the  treasurer  of  the  hospital. 
County  to  pay      Sec.  2.     And  be  it  further  enacted,    That  when  an  in- 
8i?months.''"'"^sane  person,  in  indigent  circumstances,  shall  have  been 
sent  to  the  hospital  by  his  friends,  who   have  paid   his 
bills  therein  for  six  months,  if  the  superintendent  shall 
certify  that  he  isa  fit  patient,  and  likely  to  be  benefitted 
by  remaining  in  the  institution,  the  commissioners  o 
the  county  of  his  residence  are  authorized  and  required, 
upon  application  under  oath  in  his  behalf,  to  raise  a  sum 
of  money  sufficient  to  defray   the   expenses  of  support 
thereafter,  and  pay  the  same  to  the  treasurer  of  the 
hospital. 
Proceedings  for      Sec.  8.     And  be  U  farther  enacted,  That,  whenever  any 

the  admission  of  i-  '•j.iiiixi         i     a.         j?ii 

insane  pauper,    paupcr  may  bc  lusaue,  it  shall  be  the  duty  ot  the  over- 
seer of  the  poor,  in  the  precinct  wherein  he  resides,  to 
make  application  in  his  behalf  to  the  judge  of  the  pro- 
bate court  of  the  county,  and   said  judge  shall  callone 
respectable  physician,  and  fully  investigate  the  facts  of 
the  case,  and  if  satisfied  after  such  examination  that  the 
disease  is  of  such  a  nature  as  may  be  cured,  he    may 
issue  an  order  to  such  overseer,  or  other  suitable  person, 
Supported  at  tiie  requiring  him,  without  delay,  to  take  such  insane  pau- 
cointy.**  °    ^ "" pcr  to  the  hospital  for  insane,  where  he  shall  be  kept 
and  supported  at  the  expense  of  the  county  in  which  is 
Dutyof  judge  of  his  residence  :  the  iudo-e,  in  such  case,  shall  have  power 
commissioners,  to  coiupel  the  attendance  of  witnesses,  and  shall  file  the 
certificate  of  the  physician,  taken  under  oath,  and  other 
papers  relating  thereto,  and  a  report  of  the  proceeding 
and  decision,  and  shall  report  the   facts  to  the  board  of 
commissioners,  at  their  next  meeting,   whose  duty  it 
shall   be   to   raise   the   money  requisite  to   meet   the 


^:i^ 


27  1861. 

expenses  of  support,  and  as  soon  thereafter  as  practica- 
ble, pay  it  to  the  treasurer  of  the  hospital. 

Sec.  4.     And  be  it  farther  enacted,  That  the  judge  to  if  ihe    pauper 
whom  application  shall  be  made,   on  behalf  of  any   in- vX!"Vor\'u"o 
sane  pauper,  shall  be  satisfied  upon  examination  of  the  "^^ '"';.,,'*'"  "'*' 
case  in  the  manner  prescribed  in  the  third  section  of 'y.  siia"  ije  sup. 
this    supplement,   that  such  insane  pauper  cannot  be  Ik'a In twrd 'sci- 
provided  fir  by  the  keeper  of  the  poor  of  the    county,"*'"' 
upon  which  he  is  chargeable,  with  comfort  and  without 
danger  or  prejudice  to  himself  and  others,  the  said  judge 
shall  order  the  said  pauper  to  be  removed  to  the  hospital 
for  insane,   to  be  kept  and  supported  in  the  manner 
specified  in  the  said  third  section  mentioned. 

Sec.  5.  And  he  it  further  enacted,  That  in  all  such  cases  ceniiioate  to  be 
as  arc  provided  for  in  the  first  and  third  sections  of  *'^'" " 
this  supplement,  a  copy  of  the  judge's  and  physician's 
certificates,  as  mentioned  above,  under  the  otficial  seal 
of  the  probate  court,  shall  be  sent  with  the  indigent, 
or  pauper,  and  filed  by  the  superintendent  of  the  hos- 
pital. Said  certificates  shall  read,  substantially,  as 
follows : 

"  I,  A.  B.,  judge  of  the  court  of  ]irobate  of  the  county  Form  of  corun- 

of ,  and   state  of  Alabama,  do  hereby  report  prl.baie.''"^^'^  ""^ 

that  application  has  been  made  to  me  in  behalf  of 
C.  D.,  a  resident  of  said  county,  alleged  to  be  insane, 
(and  in  indigent  circumstances,  or  a  pauper,  as  the  case 
may  be,)  and  pursuant  to  the  act  of  the  legislature, 
in  such  cases  made  and  provided,  I  have  called  before 

me  Doctor ,  a  respectable    physician,   and  other 

credible  witnesses,  to-wit,  (state  their  names,)  and 
having  examined  them  and  fully  investigated  the  case, 
and  not  deeming  it  necessary  to  call  a  jury,  I  do  hereby 
decide  and  certify  that  satisfactory  proof  has  been  ad- 
duced before  me,  showing  the  said  C.  D.  to  be  an 
insane  person,  and  that  he  has  not  suHicient  estate 
or  means  to  support under  said  visitation  of  in- 
sanity.    Given  under  my   hand  at ,  in   the 

county  and   state  aforesaid,  this day  of , 

in  tlie  year  of  our  Lord,  one  thousand  eight  hundred 
and  sixty .  A.  B." 

'' County,  ss.     I,  E.  F.,  being  duly  sworn  j;--  ^;,p'j>;;- 

according  to  law,  do  certit,y  and  declare,  that  i  have 
examined  into  the  state  of  health  and  mental  condition 

of  C.  D.,  of  the  said  county  of ,  and  that  I  am 

of  opinion  he  is  insane.  E.  F.,    Physician. " 


1861.  28' 

"Sworn  to  and  subscribed  before  rae,  this day  of 

,  A.  D.  186—.  A.  B.,  Judge,"  &c. 


iudjeofpr^  "I,  A.  B.,  Judge  of  the  Probate  Court  of , 

^'^^*^'-  do  hereby  certify  tliat  tlie  foregoing  is  a  true  copy  of 

my  report  and  certificate  in  the  case  of ;  and 

also  of  tlie  certificate  of  Doctor thereto  ap- 
pended, as  filed  in  m}'  office. 

In  witness  whereof  I  have  hereunto  set  ni}-  hand  and 

seal  of  office,  at ,  this day  of , 

A.  D.,  186—.  A.  B.,  Judge." 

Patient  to  be  in  Sec.  6.  A7^d  bc  U  further  encictcd,  That  the  county 
ness  ^an/ w"m- officers,  Sending  a  patient  to  the  hospital,  shall,  before 
fortabiy  clothed.  g^,,-j(^}j,^g  j^ii^^^  ggg  x\^q^i  \jq  jg  in  ^  state  of  perfect  bodily 

cleanliness,  and  is  comfortably  clothed  and  provided 

with  suitable  changes  of  raiment,  as  prescribed  in  the 

by-laws. 

Proceedings  in      Sec.  7.     Aucl  be  it  farther  eimctecl^  That  wh'>n  a  person 

who  has^scaped  shall  have  escape'^^  i'-"^i^<-nient,  or  have  beei.  a 

betn'Tomiitt  °i  of  ^    criminal    charge    upon    trial,    on   the   ground    of 

of    a  crimiaai  insanity,  upon  the  plea  pleaded  of  insanity  or   other- 

insanity.  wisc,  the  court  being  Certified  b}^  the  jurj^  or  otherwise 

of  the  fact,  shall  carefully  inquire  and  ascertain  whether 

his  insanity  in   any  degree  continues,  and  if  it  does, 

shall  order  him  in  safe  custody,  and  to  be  sent  to  the 

County  from      hospital ;  tlic  couuty  from  which  he  is  sent  shall  defray 

ro'^^defrly*  ^ex-l^^s  expenses  while  there,  and   of  sending  him  back,  if 

penses;  butmay  pQt;iirned  ;  but  the  couuty   may  recover  the  amount  so 

recover  the  same         •  -y    n  ^   •  ••ii  ■     n 

from  his  estate,  paid  from  his  owu  estatc,  if  he  has  any,  or  from  any 
relation  or  county  that  would  have  been  bound  to  pro- 
vide for  and  maintain  him  elsewhere. 
Proceedings   in     Sec.  8.  And  be  it  farther  enacted^  That  if  any  person 
fn%onfiuement"in  coufiiiement  under  indictment,  or  for  want    of  bail 
or  other  disabii-  f^j.  good  bchavior,  or  for  keeping  the  peace,  or  appear- 
ing as  a  witness,   or  in   consequence  of  any  summary 
conviction,  or  by  an  order  of  any  justice,  or  under  any 
other  than  civil  process,  shall  appear  to  be  insane,  the 
.judc-e  of  circuit  J^^to*^  of  the  circuit    court  of  the  county,  where  he  is 
couruoinstitute confined,  shall  institute  a  careful  investio-ation,  call  a 

investigation.  i  i  i         •    •  i         i  i-i  i  •  i 

respectable  physician  and  other  credible  witnesses,  and 
if  he  shall  deem  it  necessary,  shall  call  a  jury,  and  for 
that  purpose  is  fully  empowered  to  compel  attendance 
of  witnesses  and  jurors ;  and  if  it  be  satisfactorily  proved 
that  he  is  insane,  said  judge  may  discharge  him  from 
imprisonment,  and  order  his  safe  custody  and  removal 


29  1861. 

to  the  hospital,  where  he  shall  remain  until  restored  to 
his  right  mind  ;  and  then,  if  the  said  Judge  shall  have  so 
directed,  the  superintendent  shall  inform  the  said  judge, 
and  the  sheriff,  whereupon  he  shall  be  rcmandod  to 
prison,  and  criminal  proceedings  be  resumed,  or  other- 
wise discharged  ;  the  jjrovisions  of  the  last  preceding 
section,  requiring  the  county  to  defray  the  expenses  of 
a  patient  sent  to  the  hospital,  shall  be  equally  applicable 
to  similar  expenses  arising  under  this  section  and  the 
one  next  following. 

Sec.  9.     And  bcit  further  enacted,  That  persons  charged  when   restored 

•,i  -i  '  1  -iii  xi  1        i?   •        shall  be  rcniand- 

witli  misdemeanors,  aiul  acquitted  on  the  ground  ot  in-r.iioprisoM.an.i 
sanity,  may  be  kept  in  custody,  and  sent  to  the  hospital  J'.^i.ji,"gg  rtXn- 
in  the  same  way  as  persons  charged  with  crimes.  sumed. 

Sec.  10.     And  be  it  further  enacted,  That  if  the  judge  in  cn?c  or  death 
of  probate  be  dead,  or  incapable  of  acting  by  reason  ofues"'to%'ri')e"- 
sickness  or  otherwise,  the  same  duties    hereinbefore  re- j^Vmmy  commi«° 
quired  to  be  performed  by  him,  may  be  and  are  hereby  ^''^"^•■a. 
required  to  be  performed  bj^  one  of  the  commissioners 
of  the  county,  and  his  acts  in  the  premises  shall  have 
the  same  validity  as  the  acts  of  the  judge. 

Sec.  11.     And  be  it  further  enacted,  That  all  pauper p-''t;™<^'-""n^d 

,     .       ,.  .  -^  ,  1  c    l^  •      \  to  three  years  111 

and  indigent  patients,  sent  by  order  or  the  judge   as  the  hospital. 
speciiied  in  sections  first  and  third  of  this  supplementary 
act,  are  entitled  to  three  years  residence  in  the  hospital, 
unless  sooner  restored  to  soundness  of  mind  :  Provided, 
That  after  that  period,  if,  in  the  opinion  of  the  superin-Ai^ertiirceyears 
tcndcnt,  the  said  patients  are  not  likely  to  be  beneiitted  uj^^oor  Ifduse.'^ 
by  longer  residence  and  treatment  in  the  hospital,  and 
are  neither  dangerous  to  the  communit}",  nor  likely  to 
suffer  by  removal,  the  said  superintendent  is  empowered 
to  order  the  removal  of  said  patients  by  the  commis- 
sioners to  the  poor  houses  of  the  county  of  which  they  are 
resident:    Provided  further,    That    the    commissioneivsfi"^',}^^ '^J,',',X} 
have  power  to  return  said  patients  to  the  hospital,  if  j!i„ilnl8giJ,°"r"!^ 
their  mental  condition  requires  it,  after  the  forms  pre- 
scribed in  the  first  and  third  sections  of  this  act  have 
been  complied  with. 

Sec.  12.     Beit  further  enacted.  That  the  annual  sal- ^'''•■"■"''s  "i"  offl- 

,,      ,  •  1      ■         /I.  1  (•  ii       1  -i.    1  eersof  the  hoei>l- 

aries  ot  the  resident  ofhcers  and  treasurer  ot  tlie  hospital  lai. 
(said  salaries  not  to  exceed  six  thousand  dollars  for  any 
one  year,)  together  with  one-fourth  the  actual  costs  of 
boarding  and  lodging  any  indigent  and  pauper  patients 
who  have  been  received  upon  the  order  of  any  court  or 
judge,  (said  fourth  of  the  costs  of  boarding  and  lodging 


1861.  80 

jiotto  exceerl  one  dollar  a  week  for  any  one  patient)  sliall 
f fnrt*ri  •''"'^     be  paid  qnarterly,  on  the  first  da3's  of  January,  April, 
July,  and  October,  by  draft  drawn  by  the  treasurer  of  the 
hospital  in  their  favor,  countersigned  by  the  president 
of  the  board  of  trustees. 
Prnyision     (<ir     gjEc.  jg,     Aiul bc  U  farther  eiiactcd.  That  the  clothino- 
er  expenses,      and  othcr  necessaries  and  contingent  expenses,  together 
with  the  remaining  three-fourths  of  the  costs  of  board- 
ing and  lodging  a  patient  who  has  been  sent  to  the 
hospital    upon   the    order    of  any    court    or    judge, 
shall  be  paid  by  the  count}'  from  which  he  was  sent :  the 
commisijioners  of  said  county  are  authorized  and  directed 
to  pay  to  the  treasurer  of  the  hospital  the  bills  for  such 
clothing  and   maintenance,   as  they  shall   become  due 
and  payable  according  to  the   by-laws  of  the  hospital, 
upon  the   order  of  the  steward,  countersigned  by  the 
superintendent;    and   said  commissioners    are    hereby 
doners  may  fevy^'^^P^^^^^'®^  ''^^^^  rcquircd  to  Icv}^  au  additional  tax,   if 
additional  tax.    neccssary,  upon  the  state   tax,  of  their  respective  coun- 
ties, for  the  sole  purpose  of  carrying  out  the  provisions 
of  this  act,  and  such  further  sum  as  will  probably  cover 
all  similar  bills  for  one  year  in   advance;  said  county, 
however,  shall  have  the  right  to  require  eveiy  individual, 
town,  city  or  county,  that  is  legally  liable  for  the  sup- 
port of  such  patient  to   reimburse  the  amount  of  said 
bills  with  interest  from  the  time  of  paying  the  same. 
Expenses  of  re-     Sec.  14.     And  b'c  U  further  enuded,  That  whenever  the 
ivom'^fospuar'to  trustees  shall  order  a  patient  removed  Irom  the  hospital 
county?"^ '''^  '^^"  to  the  county  whence  he  came,   the  commissioners  of 
said  county  shall  pay  the  actual  and  reasonable  expenses 
of  such  removal,  as  part  of  the  expenses  of  said  county, 
but  if  any  person,  town  or  city  be  legally  liable  for  the 
su[)portof  such  patient,  the  amount  of  such  expenses 
may  be  recovered  for  the  use  of  the  county,  of  such 
commissioners;  if  such  commissioners  neglect  or  refuse 
to  pay  such  expenses  on  demand,  the  treasurer  of  the 
hospital  may  pay  the  same  with  interest  and  charge  the 
amount  to  said  county;  and  the  commissioners  shall 
levy  and  raise  the  amount  as  other  county  charges. 
Piseiiarged   pa-      Sec.   15.     And  bc  U  further  enacted,  That  no  patient 
!lfw^?i„"'wv.'','' shall  be  discharged   without  suitable  clothing,  and  if  it 

suitably  clothed.  ^  .  o  ,  i      i       1 1    p  •    i 

cannot  otherwise  be  obtained  the  steward  shall  lurnish 
it;  also  money  not  exceeding  twenty  dollars  to  defray 
the  expenses  until  he  reaches  home. 

Sec.  16.     And  be  it  farther  enacted,  That  sections  four- 


81  1861. 

tcGii,  fifteen  and  sixteen  of  an  act  to  establish  a  state 
hospital  for  insane  persons  in  Ahibama,  approved  Feb- 
rnary  6tli,  A.  J).  1852,  and  all  other  acts  and  parts  of  Reponi  clause, 
acts  in  conflict  with  this  act,  be  and  the  same  are  hereby 
repealed. 
Approved,  February  8,  18G1. 


No.  21.]  AN  ACT 

To  provide  for  the  payment  of  the  members  and  officers 
of  the  General  Assembly,  and  of  the  delegates  and 
ofHcera  of  the  Convention  of  the  people  of  Alabama, 
now   in   session   at  Montgomery,  and  for  other  pur- 

-    poses. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Hcprescntaticcs  of  the  Slate  of  Alabama  in  General  Assembly 
conrened.     That    the    sjovernor   be,   and    he   is   hereby  ^'"^'^'■""'■'''*^'"'* 

,         .         ,  ,     .  ~  ,  '  ,  ''plr.icl  a  loan  tobo 

antlionzecl  and  instructed  to  contract,  on  the  part  or  imu  into  the 
the  state,  for  a  loan  of  not  exceeding  one  hundred '"'''*"'•' 
thousand  dollars,  reimbursable  in  such  time  and  man- 
ner, and  at  such  rate  of  interest,  as  shall  be  agreed  ui)on 
by  the  contracting  parties,  and  to  canse  the  avails  of 
such  loan  to  be  paid  over  to  the  state  treasurer,  who 
shall  give  his  receipt  for  the  same. 

Sec.  2.  And  be  it  further  enacted,  That  the  said  loan  to  be  paid  to 
of  one  hundred  thousand  dollars,  when  ol)tained,  or  so  J"^;"\''",^e°'^ a,^,i 
much  thereof  as  shall   b^  necessary,  be,  and  the  same''''''-'''':'' "^ '>' 

.  n      ■>  convention,     for 

IS  iiercny  apj^ropriated  fur  the  payment  of  the  mem- priming, *c. 
hers  and  officers  of  the  general  asseml)ly,  and  of  the 
delegates  and  officers  of  the  convention  of  the  people 
of  Alabama,  now  in  session  at  Montgomery,  and  for 
the  })ayment  of  the  printing  and  other  necessary  ex- 
penses connected  with  the  present  sessions  of  said 
bodies,  respectively. 


1861.  82 

No.  22.]  AK  ACT 

To  provide  for  the  payment  of  members  and  officers  of 
the  General  Assembly. 

Section  1.     Be  it  enacted  by  the  Senate  ami  House  of 
Represcntaticcs  of  the  State  of  Alabama  in  General  Assembly 
Pay  of  President  coni'f  net/,  That  out  of  any  moncys  in  the  treasury   not 
atij  gpcaktT.     otherwise    appropriated,  the  comptroller  draw  his  war- 
I'ant  on  the  treasury  in  favor  of    the  speaker  of  the 
house   of    representatives  and  president  of  the  senate, 
the  sum  of  six  dollars  each  per  da}-,  for  each  day's  ser- 
vices during  the  session. 
Senators  and        In  favor  of    the  seuators  and    representatives  each 

Keprosentatives.  r-in  i  x-  -iixi 

lOur  dollars  per  day,  as  aforesaid,  and  twenty  cents  per 
mile  for  each  mile  traveled  in  going  to  and  returning 
from  the  seat  of  government. 
Clerk  of  House     In  fiivor  of   tlic  principal    clerk  of   the  house  and 

und  Secretary  of       •        .        ,  ,  c     ji  j  -\    ^^ 

Senate.  principal    sccrctaiy  oi    the   senate,   seven    dollars  per 

day,  as  aforesaid. 
Engrossing  and     J,-,  favor  of  the  cugrossing  clerk  of  the  house,  and 

assistant    clerks,  .  ^  &  _  J 

assistant   secre- assistaut  clerks   of  the  house,  and  assistant  secretary 
k'Jipers.      *'°'^"of  the  seuatc,  and  door-keepers  of  the  two  houses,  six 

dollars  per  day  each,  as  aforesaid. 
Messengers.  i,^  favor  of  the  mcssengers  of  the  house,  one  dollar 

per  day  each,  as  aforesaid. 
Principal  secre-     In  favor  of  tlic  principal  secretary  of  the  senate,  and 
pa? c^erk.^'"'^"  principal  clerk  of  the  house,    one  hundred  and  fifty 
dollars  each  for  the  services  required  by  law  of  them 
after  the  adjournment  of  the  general  assembly. 
Restriction  as  to     Sec.  2.    Be  U  further  enacted,    That  nothing  herein 
'^'^^^'  contained  shall  be  construed  to  allow  senators  and  rep- 

resentatives elected  since  the  first  Monday  in  August, 
1859,  more  mileage  than  is  provided  by  the  act  of  21st 
February,  1860,  entitled  an  act  to  amend  section  43  of 
the  code. 
Approved,  February  9,  1861. 


33  1861. 

No.  23.]  AK  ACT 

To  Regulate  the  Practice  of  the  Supreme  Court. 

Section  1.  JBc  it  evaded  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  from  and  after  the  pasaasre  of  this  act,  cases  to  be  ac- 

1  1      11    1         i    •      3    •        0.1  1.      1-ciiled    according 

when  any  cause  shall  be  tried  in  tlie  supreme  court  ot  to  the  law  ut  the 
this  state,  which  had,  at  an  y  former  term  thereof,  been  cl'Jion" 
tried  and  remanded,  it  shall  be  the  duty  of  said  court  in 
deciding  the  law  of  the  case,  to   be  governed  by  what, 
in  the  opinion  of  said  court,  shall  be  the  law  at  the  time 
of  the  delivery  of  the  opinion  ot  the  court,  without  re- 
gard  to  any  former  ruling  of  the   law  in   said  case, 
provided   there   shall    be    a  conflict   between  the  for- 
mer ruling  and  the  then  present  opinion  of  the  court. 
Approved,  February  8,  1861. 


No.  24.]  AN  ACT 

To  Amend  Section  1045  of  the  Code  in  relation  to 
Free  Colored  Mariners. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  1045  of  the  code  be  so  amended  Amendment  of 
as  to  add  at  the  end  of  said  section  the  following:  And t^« C"'J'=- 
any  such  free  negro  mariner  who  shall  be  found  per- Guiity  of  amis- 
forming  any  labor  or  service,   upon  any  .other  vessel  ^^"^"'^^j^^'^n  any 
than  the  one  to  which  he  shall  belonc:,  shall  be   e^uilty  "•''^•'■^"'^**""'\''i! 

„  .     ,  ,  \        J.    •      ^      \      f  •       ^-        the  one  to  which 

of  a  misdmeanor,  and  may  be  tried    before  any  justice  he  belongs. 
of    the    peace   in  Mobile   or  Baldwin   counties  upon 
warrant  issued,  and  on    conviction   shall  receive  one 
hundred    lashes,    and  the  master  of   the  vessel  shall  Mastcr^^of^  the 
pay  all  costs  of  such  conviction,   to  be  charged  to  or  costs, 
taken  out  of  the  wages  of  such  free  negro   mariner. 
And  if  such  labor  or  service  is  performed  by  the  consent,  omol"  "f"^  vcm" 
connivance  or  agrccriient  of  the  master  or  other  offtcer|j^»J|^'j''j^J^y^'^'^'",',j. 
of  the  vessel  to  which  such  nes^ro  mariner  may  belong,  not  lessnian  one 

,,  ,  ,,  ^j,  r.i  1  1-1    hundred  dollar*. 

or  tlie  master  or  otiicr  oiiiccr  or  tlie  vessel  on  whicli 
such  service  or  labor  is  done,  such  master  or  other 
officer  of  either  or  botli  of  said  vessels  is  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  fined  not  less 
than  two  hundred  dollars  each. 
Apphoved,  February  8,  18G1. 
3 


1861.  84 

No.  25.]  AN  ACT 

To  Punish  Sales  of  Liquors  to  Free  Negroes  and  for 
other  purposes. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assemblij 
dred  do?ra'r''"or '^^'^^'^''^^'  That  aiij  persou  who  sells,  gives,  or  delivers 
seiiingr,  piving,  to  ally  free  person  of  color,  any  vinous  or  spirituous 
free '^ person^  ofliquors,  must.  On  convictiou,  be  fined  not  less  than  five 
color.  hundred  dollars  :  Provided,   That  the  guardian   or  per- 

son in  charge  of  any  free  negro,   when   necessarj'  for 
the   personal    use  of  the  negro,  may  give  him  ardent 
or  vinous  liquors. 
Penalty  for  sev     gEC.  2.     Be  it  further  enacted.  That  the  punishment 

ling  or  giving  ll-       /r>  i  n  i  ^^        i    •  •  onon       f      i  /--.       i 

quor  to  slaves,  atnxed  to  otieuces  described  in  section  d283of  the  Code 
See  Code.  ^^.  ^]<;^]jr^,^-jr^^  shall  be  changed  so  as  to  make  it  not  less 

than  two  and  not  more  than  five   hundred   dollars,  or 
imprisonment  in  the  penitentiary  not  less  than  one  nor 
more  than  five  years,  at  the  discretion  of  the  jury  tiding 
the  case. 
Pending  prose-     gEQ.  3.     Be  it  furthcv  enactcd,  That  prosecutions  now 

CUtlonsnot  anec-  ^  ly  •  •   i  •  nrtna 

ted  by  tiiisact.  pending  lor  the  onences  in  said  section  3283,  or  the 
Code  of  Alabama,  shall  not  be  affected  in  any  measure 
b}^  this  act,  and  that  all  violations  of  said  section  com- 
mitted before  the  passage  of  this  act,  shall  be  punished 
as  though  this  act  had  not  been  passed  :  Provided,  This 
act  shall  not  take  effect  until  1st  of  May,  1861, 
Approved,  February  8,  1861. 


No.  26.]  AN  ACT 

To  amend  Section  2813  of  the  Code  of  Alabama. 

Section  1.  Be  it  enacted  bi/  the  Senate  and  House  of 
Pepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  section  2813  of  the  Code  of  Alabama, 
be  amended  by  striking  out  the  word  "third"  in  the 
second  line  of  said  section,  and  inserting  in  lieu  thereof 
the  word  ''fourth,"  and  after  the  Avord  "court"  in  the 
third  line  of  said  section,  insert  the  following:  "If  a 
longer  term  than  one  week  is  provided  by  law  for  con- 
tinuance of  said  court,  then  the  said  subpoena  should 
be  made  returnable  to  the  tenth  day  of  the  term  thereof," 


35  1861. 

any   law   to    tljc    contrary  iiotwithstandins;:  P?-oi"?'c?ef?, ^""^^  not  appiy 

*  "  to    the    C^itv    t)r 

This  act  sliall  not  apply  to  the    city    court   or   circuit  circuit  couVt  of 
court  of  Mobile  county!  ''"'"'^^• 

Approved,  February  7,  1861. 


No.  27.]  AI^  ACT 

To  repeal  Section  1155  of  the  Code  and  to  amend  the 
law  in  relation  to  Overseers  of  Roads.. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assemble/ 
convened,  That  section  1155  of  the  Code  be  and  the  same  m^of  the^code" 
is  hereb}'  repealed,   and  the  following  adopted  in  lieu 
thereof:  That  the  judge  of  probate,  with  the  concurrence 
of  the  court  of  county  commissioners,  may  pass  upon  .ludsrc  of  probate 
the  sufficiency  of  such  excuse  or  resignation  of  any  per- e^'^^aJ^JIa 'sup- 
son  for  not  accepting  the  appointment  of  overseer,  or "°  *"'"'^^''^"*'>'.*''" 

1.  o  .  1  r  .      _  »  excuse  or  resig- 

of  any  person  who  may  resign  his  commission  as  over- nation  of  over- 
seer of  any  road  in  their  respective  counties,  and  if  said '""^' 
judge  and   county   commissioners  shall   consider   said 
excuse  or  resignation  insufficient,  and    said    overseer 
shall  neglect  or  refuse  to  act  under  his  appointment  as 
such  overseer,   he  shall  be  subject  to  indictment  andfor"contuma"y." 
fined  not  less  than  twenty  or  more  than    fifty  dollars,  if 
found  guilty. 
Appkoved,  February  8,  ISGl. 


No.  28.]  AN"  ACT 

To  amend  Section  2039   of  the   Code   of  Alabama  in 
relation  to  the  Compensation  of  Guardians. 

Section  1.     Be  it  enacted  hi/  the  Senate  and  House  of 
Jicprcscntativcs  of  the  State  of  Alabama  in  (jcneral  Assembh/ 
convened,  That  guardians  for  services  rendered  by  them  ^""ij'pifa""""' 
in  their  office  of  guardians,  shall  be  compensated  in  theecurorT'^f"''  ad- 
same  manner   as   executors   or  administrators  are,  or"''""""'*'"" 
would  be  compensated  for  the  like  or  similar  services. 

Approved,  February  5,  1861. 


1861.  86 

No.  29.]  AN  ACT 

To  further  secure  Subordination  among  Slaves. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Representatives  of  the  State  of  Alabama  in  General  Assembly 

No  part  of  f\ne  convencd,  That   tlie  second  section  of  an  act,  approved 

auf."  ° '"°™ -b'ebruary  5th,  1856,  and  entitled    "An   act  the  more 

effectually  to  secure  subordination  among  slaves,  by 

requiring  the  owner  or  overseer  to  reside  with  them," 

be  amended  by  striking  out  the  words,  "  one  half  of 

which  shall  go  to  the  informant." 

Fine  to  go  into      Sec.  2.     He  it  farther  enacted,  That  in  all  convictions 

county  treasury,  uiuler  the    Said  iict,  approvcd  February  5th,  1856,  the 

whole  of  the  iine  shall  be  paid  into  the  county  treasury. 

Approved,  February  8,  1861. 


No.  30.]  AN  ACT 

To  regulate   the  Pay  of  Witnesses  in  Criminal  Cases. 

Section  1.     JBe  it  enacted  by  the  Senate  and  House  of 

Representatives  of  the  State  of  Alabama  in  General  Assembly 

In  cenain  cases,  convened,  That  in  criminal  cases,  if  no  bill  of  indictment 

ne33"eZ^'''^^'^"'is  fouud  by  the  grand  jury,  or  if  a  bill  is  found,  but  the 

defendant  is  not  convicted  and  the  prosecutor  is  not 

taxed  with  the  costs,  or  if  the  defendant  is   convicted 

and  an  execution  against  him  is  returned  "no  property 

found,"  or  if  an  execution  against  the  prosecutor,  where 

he  is  taxed  with  the  cost,  is  returned  "  no  property 

found,"  in  each  of  these  cases  the  fees  of  witnesses,  who 

may  be  summoned  on  the  part  of  the  state,  either  before 

the  grand  jury  or  on  the  trial,  shall  be  paid  by   the 

county,  in  the  manner  herein  specified;  and  it  shall  be 

Duties  of  circuit  the  duty  of  tlic  clci'k  of  the  circuit  court  to  state  on  the 

ment~^n"foc"offace  of  cacli  witness  certificate,  either  at  the  time  of 

certificate.        issuing  the  Same,  or  at  any  time  thereafter,  when  such 

certificate  is  presented  to  him  for  that  purpose,  that  the 

same  is  a  good  claim  against  the  county,  reciting  also 

the  facts  which,  under  the  provisions  of  this  act,  make 

it  a  good  claim  against  the  county,  and  dating  and 

certiflcatcs    re- j>jo.,^^,^or  ^I^^q  g^^j^-^g .  and  such  Certificate  shall  bc  receiv- 

ceivable  in  pay-      .r>       .  &  />    t    •  i  r        o  j 

ment  of  certain  able  lu  payment  or  debts  due  the  county  tor  tines  and 
coun  y  ue3.      forfeitures,  or  payable  by  the  county  treasurer,  out  of 


37  1861. 

any  fines  or  forfeitures  which  may  be  collected  by  such 
county. 

Sec.  2.     Be  it  further  enacted.  That  if  the  costs  in  any  ^^  ^stsare  ^.b- 

*^ ^  \  ^   scciuentlv       col- 

of  the  cases  provided  for  by  this  act,  shall  be  afterwards  iecte<i,  nmst  be 
collected  out  of  the  defendant  or  the  prosecutor,  it  shall  treasury? '^"""  ^ 
be  the  duty  of  the  clerk;  to  pa}^  over  the  same  to  the 
county  treasurer,   as  a  part  of  the  line  and  forfeiture 
fund. 

Approved,  February  6,  1861. 


No.  31.]  AN  ACT 

To  authorize  the  Courts  of  County  Commissioners  to 
establish  Medical  Boards  in  their  respective  Counties. 

Section  1.  Be  it  enacted  hj  the  Senate  caul  House  of 
JRepresentaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
it  shall  be  lawful  for  the  court  of  county  commission- 
ers in  any  county  of  this  state,  in  which  no  medical 
board,  established  by  law,  now  exists,  to  establish  such 
medical  board,   composed  of  not  less  than  three  nor  Roar.i  to  consist 

,1  .,'■..  -I,-  •!  ,  i»f>f  "ot  It'ss  than 

more  than  seven  physicians,  resident  in  said  county,  oi three  nor  more 
good  standing;    and   the  medical    board  thus  created  g'/^^^ans^'"" ''''^' 
shall  discharge  the  same  duties,  enjoy  the  same  privi- 
leges, and  incur  the  same  liabilities  as  medical  boards 
heretofore  established  by  law. 
Approved  January  31,  1861.  • 


No.  32.]  AN  ACT 

To  amend  an  act  entitled  "An  act  to  regulate  and 
define  the  duties  and  liabilities  of  Railroad  Com- 
panies in  this  State,"  Approved,  February  6th,  1858. 

Section  1.  Be  it  enacted  bj  the  Senate  and  House  of 
Representatives  of  the  State  (f  Alabama  in  General  Assemble/ 
convened.  That  the  words  "and  in  no  other  case"  at  the 
end  of  the  third  section  of  said  act  be  stricken  out,  and 
the  following  be  inserted  in  lieu  thereof,  viz:  That 
whenever  an}'  stock  or  other  property  is  killed  or 
damaged  by  the  locomotive  or  cars  of  any  railroad  in 


1861.  38 

this  state,  and  the  owner  of  such  stock  or  property 

brings  suit  to  recover  the  value  thereof,   or  the  damage 

In  suits  for  dam- thereto,  the  burden  of  proof  shall   be  on  said  railroad 

ages,   burden  of  '  .    .,    ^    „         .   ,  .  ,  ,  , 

proofon railroad  compan}^  ou  the  trial  01  said  suit,  to  show  that  the 
requirements  of  the  first  section  of  said  act  have  been 
complied  with  by  the  said  company,  its  agents  or  em- 
ployees :  Provided,  That  the  proof  hereby  required  shall 
apply  only  to  the  particular  place  at  which  the  injury 
was  done. 
Claims  barred  if  Sec.  2.  Be  it  further  enacted,  That  all  claims  for 
witiiinsixtydays  damages  uudcr  the  provisions  of  this  act  shall  be  for- 
ever barred,  unless  presented  in  writing,  within  sixty 
days  after  the  same  shall  have  accrued,  to  the  president, 
treasurer,  superintendent,  or  some  depot  agent  of  the 
railroad  company  sought  to  be  charged,  or  unless  suit 
shall  be  brought  thereon  within  said  term  of  sixty  days. 
Sec.  3.  Be  it  further  enacted,  That  the  provisions  of 
this  act  be  applicable  to  all  suits  of  this  kind  now 
pending  in  this  state. 

Approved,  January  31,  1861. 


N"o.  33.]  AK  ACT 

To  repeal  dn     part  Section  2    of  An   act   regulating 
Tax  on  Peddling. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 

■Act  of  isao  not  cQ^i^^;)2ed,  That  section  2  of  "An  act  to  impose  a  tax 

to  apply  to  wag-  ..'  -,  .,.,  ^i^- 

0118  with  bacon  upon  itinerant  book  and  periodical  agents,  and  to  in- 
and^other  v'^- ^^,q^^q  ^i^q  t^x  oil  pcddliug  in  the  State  of  Alabama," 
approved  February  24th,   1860,  shall   not  be  so    con- 
strued as   to    apply  to  wagons   laden    with   bacon    or 
other  provisions. 

Approved,  February  8,  1861. 


No.  34.]  AN  ACT  # 

To  increase  the  Contingent  Fund  of  the  State. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  Slate  of  Alabama  in  General  Assembly 
convened.  That  such  sum  as  shall,  together  with  the 


39  1861. 

balance  now  to  the  credit  of  the  contingent  fund,  in  the  increases    th  e 
state  treasury,  be  sufficient  to  increase  the  same  to  then'vi'  "tiiousaud 
sum  of  twenty-five  thousand  dollars,  be  and  the  same ''""""• 
is  hereby  appropriated,  to  defray  the  contingent  ex- 
penses of  the  state  government. 
Approved,  February  8,  1861. 


No.  35.]  AN  ACT 

The  better  to  Provide  for  the  Safe  Keeping  and  Se- 
curity of  all  Official  Bonds  which  may  have  been, 
or  may  hereafter  be  approved  by  the  Governor. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatircs  ol  the  State  of  Alabama  in  (rencral  Assembly 
convened.  That  from  and  after  the  passage  of  this  act,  i^onds to i)e  kept 
it  shall  be  the  duty  of  the  governor  to  cause  all  official  iX!''^*^'""'^"^"'" 
bonds  approved  by  him  to  be  placed  in  the  possession 
of  the  comptroller  of  the  state,  whose  duty  it  shall  be 
to  file  and  place  the  said  bonds  in  his  iron  safe  or  vault 
for  safe  keeping. 

Approved,  February  8, 1861. 


No.  36.]  AN  ACT 

To  repeal  an  act  therein  named  in  relation  to  the  en- 
couragement of  Direct  Trade. 

Section  1.  Be  it  enacted  by  the  Senate  and  ITouse  of 
Representatives  of  the  State  of  Alabama  in  General  Assenibli/ 
convened.  That  an  act  to  encourage  direct  trade  between 
the  southern  states  and  foreign  countries,  approved 
February  25,  A.  D.  1860,  be  and  the  same  is  hereby 
repealed.  This  act  to  take  effect  from  and  after  the  Takes offoct from 
nrst  day  or  Marcii  next. 

Approved,  February  8,  1861. 


1861.  40 

No.  37.]  AK  ACT 

To  authorize  the  Clerks  of  the  lower  Courts  to  issue 
Execution  for  their  Costs  in  Appeal  Cases. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
'^fl^L-.f.t^:.(^onvened,  That  hereafter  it  shall  be  lawful  for  the  clerks 
taken  to  supreme  ol  the  circuit  court,   registers  m   chancery,  judges  of 
probate,  and  the  clerks  of  all  other  inferior  courts  in 
this   state,   when   cases   have   been    taken    from   their 
respective  courts  to  the  supreme  court,  by  appeal  or 
other  lawful  mode,  and  been  there  decided,  if  the  costs 
accruing  in  said  lower  courts  for  transcripts,  or  other- 
wise, be  not  paid  by  the  parties  against  whom  they  were 
adjudged  in  the  supreme  court,  to  issue  executions  for 
such  costs,   returnable  into  the  court  in  which  the  said 
costs  accrued. 
Repeal  clause.        gj,^.  2.     Be  it  further  enacted,  That  alUaws  and  parts 
of  laws  contravening  the  provisions  of  this  act,  be  and 
the  same  are  hereby  repealed. 
Approved,  January  29,  1861. 


No.  38.]  AN  ACT 

To  regulate  the  Hunting  of  Wild  Hogs. 

Section  1.     Be  it   enacted  by  the  Senate  and  House  of 

Representatives  of  the  State  of  Alabama  in  General  Assembly 

Not  to  hunt  or  QQ^i^f.'fi^fi    That  froui  and  after  the  passage  of  this  act,  it 

kill  hogs  without  !   1        1         /•    1   J?  J.       i  i        1         i 

giving  notice,     shall  uot  be  lawful  for  any  person  to  trap  or  to  hunt 
and  kill  wild  hogs  with  dog  and  gun,  or  either,  in  any 
county  in  this  state,  without  first  giving  notice  to  at 
least  three  householders  living  nearest  the  field,  woods 
or  swamp  in  which  the  hunt  is  to  be  made. 
ui°8  art^'fine  of     ^^^'  ^-     -^^  '^^  further  enacted,  That  any  person   vio- 
twenty 'to  fifty  latiug  tlic  provisious  of  this  act,   shall  be   guilty  of  a 
dollars.  misdemeanor,  and  on  conviction  shall  be  fined  not  less 

than  twenty  nor  more  than  fifty  dollars,  at  the  discretion 
of  the  jury  trying  the  case.  • 

Repeal  of  former     gj;c.  3.     Be  it  farther  enacted,    That  an  act  entitled 
"An  act  in  relation  to  hunting  wild  hogs  in  the  county 
of  Butler,"  approved,  February  21,  1860,   be  and  the 
same  is  hereby  repealed. 
Approved,  January  31,  1861. 


41  1861. 

1^0.  39.]  AN  ACT 

To  repeal  in  part  section  2398  of  the  Code,  so  for  as 
the  same  relates  to  townships. 

Section.  1.     Be  it  en  cied  by  the  Senate  and  House  of 
BejJreseniaiives  of  ike  State  of  Alabama  in  General  Assembly 
convened,  That  section  2398  of  the  code,  requiring  cor- section  289s  not 
porations  to  give  security  for  costs  before  commencing bytowi^'ips"'^"* 
suit,  shalU  not  apply  to  suits  commenced  by  townsliips. 

Skc.  2.     Be  it  further  enacted,  That  if  any  township  ^^>'Kr';'t™<ient 
sliall  fail  to  recover  in  any  suit  brought  by  it,  the  clerk  pa)  cos\8. 
of  the   court   or  justice  of  the  peace  shall  certify  the 
costs  to  the  superintendent  of  education,  who  shall  pay 
the   costs  out   of  the  funds  of  said  township,  if  an}'  it 
have. 

Approved,  January  29,  1861. 


No.  40.]  AN  ACT 

To  raise  money  to  provide  for  the  Military  Defence  of 
the  State  of  Alabama. 

Section  1.  Be  it  enacted  by  the  ^'tenate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  GcnercdAsscmbhj 
convened,  That  the  governor  of  the  State  of  Alabama  f,f„°!|,';*  '°  ^' 
is  hereby  authorized  to  issue  the  bonds  of  the  State  of 
Alal)ama  for  the  amount  of  two  millions  of  dollars, 
bearing  interest  at  the  rate  of  eight  per  centum  per  an- 
num, with  coupons  attached,  and  payable  in  current 
coin  on  the  first  day  of  Ma}',  A.  1).  1871. 

Sec.  2.  Be  it  further  enacted,  That  said  bonds  may  ^°'''^'''^'- 
be  in  such  sums,  not  less  than  fifty  dollars,  nor  more 
than  five  thousand  dollars  each,  as  the  governor  shall 
think  proper ;  shall  be  signed  by  the  governor,  coun- 
tersigned by  the  comptroller  of  public  accounts,  and 
under  the  great  seal  of  the  state.  Tlie  interest  shall  ^^jf^'^f/j.P^' ''''''' 
be  payable  annually  at  the  treasury  of  the  state,  and 
the  coupons  therefor  shall  be  receival)lc  in  payment  of 
all  public  dues,  and  the  })rincipal,  at  the  maturity  of 
the  bonds  respectively,  sliall  be  payable  at  the  ofiice  of 
the  treasurer  of  the  state  ;  and  the  said  bonds  may  be 
transferred  by  delivery,  and  the  faith  and  credit  of  the 
State  of  Alahama  is  'hereby  pledged  for  the  payment 


1861.  42 

of  the  interest  on  said  bonds,  as  the  same  shall,  accrue, 
and  the  redemption  thereof  at  maturity. 
Investments   of     Sec,  3.     Bc  U  furthcr  cuacicd,  That  all  executors,  ad- 
trusi  funds.      ministrators,  trustees  and  guardians,  having  funds  in 
their  hands  as  such  to  invest,  are  hereby  authorized  to 
invest  the  same  in  the  bonds  aforesaid,  and  such  iiu-'est- 
ment  so  made  shall  be  deemed  and  held  a  proper  dis- 
charge of  their  trusts  in   that  behalf  by  all  the  courts 
of  law  and  equity  in  this  state:  Provided,  That  no  guar- 
dian shall  make  any  investment  in  said  bonds  until  by 
an  order  of  the  court  of  probate,  granting  him  letters, 
he  shall  be  authorized  so  to  do. 
now  credited.        gj^c.  4.     Be   it  further   enacted,  That   all   bonds  pur- 
chased under  the  provisions  of  the  preceding  section, 
shall  be  credited  to  the  executor,  administrator,  trustee 
or  guardian,  at  the  amount  actually  and  bona  tide  paid 
for  any  such  bond  or  bonds ;  and  that  all  bonds  so  pur- 
chased as  an  investment  shall,  at  the  time,  be  specially 
endorsed    to    the   executor,    administrator,  trustee  or 
guardian,  purchasing  the  same  in  his  representative  ca- 
pacity, and  he  shall  make  return  thereof  within    ten 
days  to  the  judge  of  probate  or  chancellor  having  juris- 
diction of  the   particular  fund;  but    such    special  en- 
dorsement  shall  not  bind   the   person    selling  for  the 
ultimate  payment  of  said  bonds,  or  any  interest  thereon, 
now  bonds  to  be     Sec.  5.     Be  it  further  enacted,  That  the  governor  of 
eeed'g  ^disposed  t^he  State  of  Alabama  shall,  from  time  to  time,  place 
°'^'  said  bonds  in  the  market,  and  sell  such  an  amount  as 

shall  be  required  for  the  public  service  ;  the  same  at  not 
less  than  their  par  value  for  gold  and  silver,  or  its 
equivalent,  and  may  employ  such  agent  or  agents  as 
may  be  necessary  for  that  purpose,  and  place  the  pro- 
ceeds thereof  in  the  treasury  of  the  state,  subject  to 
appropriation  hy  lawful  authority  for  the  military  de- 
fence of  the  state. 
Bonds  as  stock      Qec.  6.     Bc   it  furthcr   enacted.    That   bonds    issued 

for  free  banking.  .,  ,  ^        •  n    ^  •  i  t*  it 

under  the  authority  or  this  act  may  be  used  as  a  pledge 
to  secure  the  redemption  of  any  note  or  notes  issued 
by  any  free  banking  association  or  institution  organized 
or  hereafter  to  be  organized,  and  put  in  operation  under 
the  laws  of  this  state,  to  the  same  extent  and  in  the 
same  manner  that  such  laws  now  authorize  United 
States  stock  to  be  pledged. 
Not  liable  to  Sec.  7.  Be  it  further  enacted,  That  neither  the  bonds 
taxation.  issucd  Under  the  authority  of  this  act,  nor  moneys  in- 


43  1861. 

vested  therein,  shall  be  liable  to  taxation  by  this  state, 
or  by  any  county,  cit}',  or  town  therein. 

Sec.  8.  JBc  it  further  enacted,  Tliat  the  comptroller 
of  the  state  shall  number,  register,  and  keep  a  correct 
account  of  all  the  bonds  issued  and  disposed  of  under 
the  provisions  of  this  act. 

Approved,  January  20,  18G1. 


No.  41.]  AN  ACT 

Making  appropriations  for  the  Military  Defence  of  the 

State. 

Section  1.  Be  it  enacted  hj  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assemblu 
conrened,  That  the  following  sums  of  money  be  and  the 
same  are  hereby  appropriated  to  the  several  departments 
herein  named,  for  the  military  defence  of  the  state  of 
Alabama:  To  the  pay  department,  seven  hundred Amountg  to  ti.o 
tnousand  dollars ;  to  the  quarter-master's  department,  mcn[^'  *'*i*"'" 
seven  hundred  thousand  dollars  ;  to  the  commissary 
department,  three  hundred  thousand  dollars  ;  to  tlic 
orchiance  department,  two  hundred  thousand  dollars  ; 
to  the  medical  department,  one  hundred  thousand 
dollars. 

Sec.  2.  And  he  it  further  enacted.  That  no  moneys 
shall  be  drawn  from  the  treasury  under  the  provisions 
of  this  act,  except  as  hereinafter  prescribed. 

Sec.  3.     And  be  it  farther  enacted.  That  an  auditor  of 'S"'^'">''»pp°'°^- 
the  treasury  ot  the  state  shall  be  appointed  by,  and  shall 
liold  his  office  at  the  pleasure  of,  the  governor,  wliose 
duty  it  shall  be — 

1.  To  examine,  audit  and  adjust  the  accounts  of  all  A"'ii<"'-»    duty 

■  •'  11       /v!  *°  oxamine  and 

commissaries,    quarter-masters,   paymasters,  all  ofhcersaiKiit  aii  ac- 
connected  with  the  medical  staft",  and  of  all  other  officers,  *"*"'"  *' 
agents  and  persons  connected  with  the  military  depart- 
ment of  the  state,  under  any  appropriation  made  by 
law   for,    or   on    account   of  said    department,  officers, 
agents  or  persons. 

2.  To  keep  an  account  of  all  expenditures  of  ]tul)lic  Keep  aooount  of 

t      r  i/-'i"i'i  1  t.    expenditures ic. 

money  made  lor  or  on  account  oi  said  military  depart- 
ment, as  well  as  all  moneys  due  the  state  for  or  on  ac- 
count of  said  department,  and  to  report  to  tlie  governor 
on  the  first  Monday  in  each  month,  the   balances  due 


1861.  44 

the  State  therefrom,  stating  the  account  on  which  the 
same   is   due,   the  person   from  whom,  and  the  fund  or 
appropriation  entitled  to  the  same  when  paid. 
To  draw  war-     3_  '£q  di'aw  warrauts  on  the  treasurer  for  the  payment 

rants  on  the  trea-     /.  ■,      ,  i  /»> 

tourer.  01  any  balance  or  amount  due  to  any  oinccr,  agent  or 

person   connected  with  said    military  department,   in 

•  favor  of  the  person  authorized  to  receive  the  same,  sta- 

ting in  such  warrant  on  what  account  the  same  is  due, 
out  of  what  appropriation  or  fund  the  same  is  to  be 
paid,  and  referring  to  the  law  making  such  appropria- 
tion, which  warrauts  shall  be  countersigned  by  the 
governor. 

r^e°cefpu  &c!  ^'^  '^-  "^^  ^'^^^^  rcccipts  for  all  warrants  he  draws,  to  pre- 
serve, file  and  arrange  the  same  in  his  office,  together 
with  all  accounts  by  him  allowed,  with  the  vouchers, 
papers,  and  evidence  relating  to  the  same. 

To  preserve  cop-     5^  To  take  and  preserve   copies  ,of  all  letter  written 

les  of  letters.        ,        ,   .  ,.,.'■.  _n>     •     1   i         •  l   x 

by  him  or  his  direction  on  omcial  business,  and  to  pre- 
serve in  proper  tiles  all  letters  received  on  official 
business. 

k.rmJ'&T"''^  ^-  "^^  prescribe,  with  the  approval  of  the  governor, 
such  forms,  vouchers,  affidavits,  or  other  evidence,  as 
he  may  deem  necessary  to  the  correct  and  efficient  dis- 
charge of  his  duties  as  required  by  this  act. 

How  money  is  to     gj^^.  4.  Ami  be  it  fiLrthcv  enacted,  That  whenever,  in 

be  drawn,  ..  r-i  •ini 

the  opinion  of  the  governor,  it  shall  be  necessary  to 
furnish  any  officer  or  agent,  connected  with  the  military 
department,  with  money  out  of  any  fund  specially  ap- 
propriated, he  may  direct  the  auditor  to  draw  his  war- 
rant on  the  treasurer,  stating  therein  for  what  purpose 
the  same  is  furnished,  the  person  to  whom,  the  amount, 
and  referring  to  the  law  making  the  appropriation,  and 
the  warrant  when  drawn  shall  state  the  same  facts,  shall 
be  countersigned  by  the  governor,  and  shall  be  charged 
to  the  person  in  whose  favor  it  is  drawn  payable. 
Appeal  to  the  Sec.  5.  Aiid  bc  U  further  enacted,  That  should  any 
governor.  persou  be  dissatisficd  with  any  decision  made  by  the 
auditor,  he  may,  in  three  months  thereafter,  appeal  to 
the  governor,  whose  decision  shall  be  final. 
Failure  to  apply  Sec.  G.  Aud  bc  it  farther  euactcd.  That  whenever  any 
^f*bond*  '"'''^''  warrant  shall  be  drawn  under  the  fourth  section  of  this 
act,  in  favor  of  any  ofiicer,  the  failure  to  apply  the 
amount  received  therefrom  faithfully,  or  to  pay  the 
same  or  any  balance  in  his  hands  to  the  treasurer  upon 
notice  by  the  governor  to  him  or  either  of  his  sureties, 
shall  be  a  breach  of  his  bond  :  and  if  an  official  bond 


45  1861. 

has  not  been  given  by  such  officer  or  person  in  whose 
fitvor  any  such  warrant  may  be  drawn,  the  governor 
may  in  his  discretion  require,  before  the  delivery  of  any 
such  warrant,  a  bond  to  secure  the  state  for  tl)e  faitlifnl 
application  of  its  proceeds,  and  the  repayment  of  any 
balance  to  the  treasurer  upon  notice  to  him  or  cither  of 
his  sureties. 

Sec.  7.  And  be  it  farther  enacted,  That  any  officer,  Liability  wiiere 
agent,  or  other  person  who  has  given  no  bond,  and  who  ^rven"^ ''*''''"" 
shall  have  received  any  money  under  the  provisions  of 
the  fourth  section  of  this  act,  and  their  personal  repre- 
sentatives, shall  be  lia))le  for  any  balance  due  the 
state  by  such  officer,  agent  or  person,  in  the  same  courts, 
upon  the  same  notice,  and  in  every  respect  the  same, 
as  if  such  officer,  agent  or  person,  had  given  bond,  and 
that  the  certificate  of  the  auditor  shall  be  in  all  suits  un- 
der this  or  the  preceding  section  presumptive  evidence 
of  the  balance  due  the  state. 

Sec.  8.  And  be  it  farther  enacted,  That  it  shall  be  thes>"it  against  de- 
duty  of  the  Governor,  upon  default  being  made  by  any 
person  under  the  provisions  of  this  act,  to  direct  the  at- 
torney general  to  commence  suit  against  such  person, 
his  sureties,  their  personal  representative,  or  the  per- 
sonal representative  of  either  of  them,  and  judgment 
may  be  obtained  for  a  breach  of  the  bond  by  motion  in 
the  name  of  the  state,  in  the  circuit  or  county  court  of 
Montgomery  county,  or  in  any  circuit  court  of  any 
county  in  which  the  party  against  whom  the  motion  is 
made  may  reside,  upon  twenty  days'  notice  against  any 
one  or  more  of  the  obligors  on  whom  notice  is  served  ; 
and  a  certified  copy  of  the  bond  from  the  office  of  sec- 
retary of  state,  or  other  officer  having  custody  of  the 
said  bond,  shall  be  presumptive  evidence  of  the  execu- 
tion of  the  same,  and  the  certificate  of  the  auditor  of  the 
amount  due  by  the  principal  therein,  presumptive  evi- 
dence of  the  amou!it  due  to  the  state. 

Sec.  9.    And  be  it  farther  enacted.  That  upon  all  judg-i''"'cn''nnt  may 
monts  rendered  under  the  provisions  of  this  act,  the  de- 
fendant shall  upon  execution  issued,  have  the  right,  on 
executing  a  forthcoming  bond  in  double  the  amount  of 
the  execution,  with  good  and  sufficient  security,  to  be  ap-  ' 

proved  by  the  sheriti',  of  staying  the  execution  for  thir- 
ty days,  and  if  tlie  property  described  in  said  bond  is  not  Vr"'^''i'-^''''""* 
delivered  according  to  the  obligation  thereor,  said  bondi''">  lo  i'»uc  «- 
shall  be  returned  to  the  office  from  which  execution  is-Snir^cSriuci" 
sued,   endorsed  "forfeited,"    which    endorsement  shall 


1861.  46 

have  the  force  and  effect  of  a  judgment,  and  the  clerk 
shall  issue  execution  against  the  principal  and  secuvi- 
tiesforthe  amount  of  the  original  judgment,  endorsing 
the  said  execution,  that  no  forthcoming  bond  shall  be 
taken  ;  upon  which  execution  it  shall  be  the  dut}^  of 
the  officer  to  proceed  forthwith  to  make  the  money, 
without  delay  or  taking  any  other  security. 
Compensation  of  Sec.  10.  And  be  it  further  enucted,  That  the  auditor 
Auditor.  appointed  under  the  provisions  of  this  act,  shall  receive 

for  compensation  the  sum  of  two  thousand  dollars  per 
annum,  and  at  that  rate  for  the  time  he  may  continue 
in  office,  payable  quarterly",  according  to  the  fiscal  year; 
and  shall  give  bond  payable  to  the  state  of  Alabama,  in 
the  penal  sum  of  one  hundred  thousand  dollars,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his 
office  during  the  time  of  his  continuance  therein. 
AiKiitor  to  re-  gjjc.  11.  Aiid  be  it  further  enacted,  That  in  addition 
arsembiyr^"''  to  the  dutics  required  of  the  auditor  by  the  third  section 
of  this  act,  he  shall  be  required  to  report  to  each  branch 
of  the  general  assembly,  during  the  second  week  of  each 
regular  session,  the  amount  of  money  received  and  dis- 
tributed during  the  preceding  fiscal  year,  and  on  what 
account,  as  well  as  the  balances  due  to  the  state  under 
this  act,  from  whom  and  what  sources. 
May  employ  Sec.  12.  And  be  U  further  enacted,  That  the  auditor 
may  employ  one  or  more  clerks,  not  exceeding  three, 
with  the  consent,  and  for  such  time  as  the  governor  may 
direct.  The  compensation  of  each  clerk  shall  not  ex- 
ceed seven  hundred  and  fifty  dollars  per  annum,  and  at 
that  rate  for  the  time  he  is  employed. 
Bonds  to  be  re-     g^c.  13.     And  be  (t  furthcr  enucted,  That  all  bonds  ta- 

corded  and  filed.  iiii  ii-,i  j? 

ken  under  this  act,  shall  be  recorded  in  the  secretary  oi 
state's  office,  and  filed  in  the  office  of  the  comptroller  of 
public  accounts. 

Approved,  February  6,  1861. 


Ko.  42.]  AN  ACT 

To  authorize  the  Governor  to  appoint  a  Military  Board. 

Section  1.     He  it  enacted  by  the  Senate  and  House  of 

Representatives  of  the  State  of  Alabama  in  General  Assembly 

convened,    That   a   military  board  be,  and  the  same  is 

?fThree°perron8!  hereby  established  in  this  state,  to  be  composed  of  three 

competent  persons,  to  be  selected  and  appointed  by  the 


47  1861. 

governor,  wliosc  duty  it  shall  be  to  remain  at  the  seat 
of  ixovGninicnt,  or  at  head  quarters,  unless  otherwise 
engaged  under  the  orders  and  authority  of  said  board, 
and  advise  with  the  governor  on  all  matters  connected  p,,,,,,^  ^^  the 
with  the  organization  of  the  army  and  navy  of  the  ^"a""^- 
state,  and  to  counsel  and  advise  with  the  governor  ou 
all  matters  connected  with  the  employment,  manage- 
•ment,  disposition,  disciplining,  and  control  of  the  array 
and  navy  of  the  state,  and  generally  to  aid  the  gover- 
nor with  their  advice  and  services  in  reference  to  all 
matters  connected  with  the  military  service  of  the 
state. 

Sec.  2.  JBc  it  further  enacted,  That  until  otherwise  ^'^y  consimct 
provided  for  by  the  Confederac}'  of  the  seceding  states,  Ic."^  '° 
should  one  be  formed,  the  said  council,  under  the  sanc- 
tion and  authority  of  the  governor,  shall  have  power 
and  authority-  to  cause  to  be  constructed  such  works  of 
defence  for  the  protection  of  the  coast  on  the  Gulf  of 
Mexico,  and  the  bays,  as  they  may  deem  necessary  for 
the  protection  and  security  of  the  state,  and  for  the 
same  purpose  to  strengthen  and  fortify  those  already 
constructed,  provided  said  council  shall  not  exceed  the 
amounts  appropriated  or  to  be  appropriated  at  this  ses- 
sion for  that  purpose. 

Sec.  3.     Be  it  further  enacted.  That  in  order  to  carry  May   purchase 
out  full}'  the    objects  of  the  preceding  section,  the  said  orlinnnoi"  Moree, 
council,  under  the  direction  and  sanction  of  tlie  jrover- "'"' "'"''"'■''''■ 
nor,   shall  have  power  to  purchase  any  amount  of  ord- 
nance, ordnance  stores   and  material  of  all    kinds  that 
may  be  deemed  necessary,  not  to  exceed  the  appropria- 
tions made  or  to  be  made  for  military  purposes. 

Sec.  4.     Be  it  further  enacted.  That  said  council,  under '^•''>'  e"ipi"y"ne 
the  sanction  and  autlionty  arorcsaid,  are  authorized  and"«n  nnmiKr,  or 
empowered  to  employ  one  or  more  or   their  own   num- ,„.rHonM<.  make 
ber  or  any  other  [lerson    or  persons  for  the  purpose  of'"""''"""^^*' 
procuring  arms  or  munitions  of  war. 

Sec.  5.     Be  it  further  enacted,  That  all  amounts  here- Governor  ami 
tofore  appropriated  or  that  may  be  hereafter  ai'propria-poMM.fBppropri- 
ted  for  ordnance  purposes,  shall  be  expended  under  the""""*' 
direction  and  control    of  the  governor    in    accordance 
with  the  determination  of  said  council. 

Sec.  G.     Be  it  further  enacted,  That  the  governor  shall,  [i:;^^;]";;^;;^';^,; 
when  he  thinks  proper,  itresidc  at  said  council,  and  in'"'  'i«'>(rnaie 
nis  absence  sliall  designate  some  member  ot  the  council  fonhat  purpose, 
to  [)reside  in  his  place,  and  all  acts  of  said  council  shall 
be  sanctioned  by  his  authority  before  they  be  executed. 


1861.       '  48 

Tenure  of  office.  Sec.  7.  Be  U  fartlw  cuacted,  That  the  members  of 
the  iiiilitaiy  board  so  to  be  appointed,  shall  coiitiniie  to 
hold  their  offices  until  the  1st  January,  1862,  unless 
sooner  discharged  by  the  governor,  and  shall  receive 
for  their  services  at  the  rate  of  $l,/)00  per  annum  each, 
for  the  time  they  are  actually  employed. 
Approved,  February  5,  1861. 


No.  43.]  AN"  ACT 

To   authorize  the   appointment   of   Engineers  in   the 

Army. 

Section  1.     Be  it  enacted  hij  the  Senate  and  House  of 
Ile23resentatlves  of  the  State  of  Alabama  in  General  Assemhhj 
Governor    may  coiicened,    That   the   Govcmor   be   and   he    is    hereby 
gEfoTlindLsi's'- authorized  to  appoint  one  chief  engineer,  with  the  rank 
tant8.  of  lieutenant  colonel,   and  as  many  assistant  engineers 

as  in  his  judgment  the  exigencies  of  the  service  may 
require  :  Provided,  That  there  shall  not  be  more  than  one 
assistant,  with  the  rank  of  major,   nor  more  than  two 
assistants,  with  the  rank  of  captain. 
Pay.  Sec.  2.     Be  it  farther  enacted,  That  the  pay  and  al- 

lowances of  engineers  appointed  in  pursuance  of  this  act, 
shall  be  the  same  as  that  of  officers  of  similar  grades  in 
the  United  States  army. 

Appuoved,  February  8, 1861. 


Ko.  44.]  AN  ACT 

To  promote  Military  Efficiency  and  for  other  Purposes. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Rejyresentatives  of  the  State  of  Alabama  in  General  Assembly 

l^^F^c^mlll  convened.  That  the  governor  be  and  he  is  hereby  author- 

Bionato  citizens  i2ed  aud  requcstcd  to  issue  commissions  in  the  name  of 

who    have    held     ■,        r^       ,  (•    »  i     i  1 1      •    •  c      y   • 

commissions  in  the  btatc  ot  Alabama,  to  all  citizens  or  this  state  who 
navarservice  ofon  the  lltli  day  of  January  held  commissions  in  the 
the  u.  s.  military  or  naval  service  of  the  United  States,  and  have 

resigned  or  may  hereafter  resign  the  same,  said  com- 
missions so  issued  by  the  governor  to  confer  the  same 
rank,  pay  and  emoluments  as  the  commissions  said  citi- 
zens have  held  or  now  hold  under  the  authority  of  the 


49  •  1861. 

United  States  :  Provided  That  the  officers  so  commis- 
sioned by  the  governor  shall  report  themselves  ready 
for  immediate  duty  under  the  orders  of  the  governor  of 
this  state. 

Sec.  2.     Be  it  further  enacted,  That  the  provisions  ofK^tcmie.uoCap- 

,      ,  ,1  ^      ^  r^  tain  John  N.  Per- 

this  act  be  and  the  same  are  hereby  extended  to  Capt.  kins. 
John  N".  Perkins,  late  of  the  United  States  army,  and  a 
citizen  of  Alabama. 

Approved,  February  9,  1861. 


No.  45.]  AN  ACT 

To  compensate  certain  officers  therein  named. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Heprescniatives  of.  the  State  of  Alabama  in  General  Assembly 
convened.    That  whenever  any  of  the  aids-de-camp    ofP-'^J'  f*"  '^'^■'^'^■ 

1  1111  11  11  1111  fiJ"!?     same    aa 

the  governor  shall  be  ordered  on  actual  duty,  the}'  shall  coionci  of  dra- 
be  entitled  to  receive,  while  on  duty,  the  pay  and  allow-*"""*' 
ances  of  coionci  of  dragoons,  and  this  provision  shall  ajv 
ply  as  well  to  those  who  may  have  already  been,  as^vell 
as  to  those  who  may  hereafter  be,  thus  ordered  on  duty. 
Approved,  February  8, 1861. 


No.  46.]  AN  ACT 

To  guard  the  State  from  invasion  by  Sea. 

Section  1.  Be  il  enacted  by  the  Senate  and  House  of 
JRcpresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  any  pilot  or  branch  pilot  holdino;  a  license  P'i"t  "r  "'>'" 

,  '       ,  ,•      I   •  .  ,1  •  1        i  piToon  sliall  not 

under  the  laws  or  this  state,  or  any  other  resulent  orcmiuct   armed 
inhabitant  of  this  state  who  shall,  after  the  1st  day  ofw,e.'  '"'"  ^"" 
Februar}',  1861,  conduct  any  foreign  armed  vessel  into 
the  port,  bay  or  harbor  of  Mobile,  shall  be  subject  to  in- 
dictment in  the  city  or  circuit  court  of  Mobile  county, 
and  upon  conviction  shall   be   lined    not   less  than  one pemiiy. 
thousand  dollars  and  imprisoned  five  years  in  the  peni- 
tentiary, or  shall  sutler  death,  in   the  discretion  of  the 
jury  trying  the  cause  :   Provided,  however,  That  the  offi-r^o^i"- 
cer  who  n)ay  1»e  in  command  of  Fort  Morgan,  under  the 
4 


1861. 


50 


authority  of  the  governor  of  this  state,  shall  have  the 
jDOwer  to  authorize  any  licensed  pilot  to  bring  or  con- 
duct any  foreign  armed  vessel  under  the  guns  of  said 
fort,  or  into  the  port,  bay  or  harbor  of  Mobile,  when- 
ever such  commanding  officer  may  deem  it  prudent: 
And  j)rovidcd  furt/ur,  That  the  governor  of  the  state  shall 
have  the  power  to  suspend  the  operation  of  this  section 
whenever  he  may  deem  it  advisable. 
omccr  at  Fort  Sec.  2.  And  be  it  further  enacted,  That  the  officer  in 
mo ve*bu^s^4ci  command  of  Fort  Morgan,  at  the  entrance  into  tlie  bay 
of  Mobile,  is  hereby  authorized,  whenever  he  may  think 
proper,  to  cause  all  buoys  and  beacons  in  the  channel, 
and  as  far  as  practicable  all  land-marks,  that  may  serve 
as  guides  for  vessels  entering  the  port  of  Mobile,  to  be 
removed,  including  the  buoy  at  the  outer  bar. 
Contract  for tci-  Sec.  3.  And  be  it  farther  enacted,  That  the  officer  in 
command  of  Fort  Morgan,  under  the  authority  of  the 
governor  of  this  state,  be  and  he  is  hereby  authorized 
to  contract  for  the  continuance  of  a  telegraphic  line 
from  Point  Clear,  in  Baldwin  county,  to  Mobile  Point, 
and  upon  the  approval  of  such  contract  by  the  gover- 
nor, said  commanding  officer  shall  cause  said  line  to  be 
constructed  as  speedily  as  possible,  and  the  cost  thereof 
shall  be  paid  out  of  the  treasury  of  the  state,  upon  the 
draft  of  said  commanding  officer,  if  sanctioned  by  the 
governor. 

Sec.  4.     And.  be  it  further  enacted,  That  all  laws  con- 
flicting with  this  act  be  repealed. 
AppiiovED,  January  21, 1861. 


egraphic  line. 


Bepcal  clause. 


No.  47.] 


AN  ACT 


For  establishing  Rules  and  Regulations  for  the  govern- 
ment of  the  Army  of  the  State  of  Alabama. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Representatives  of  the  State  of  A  labania  in  General  Assembly 

f^^^^^,  convened,  That  the  "articles  of  war,"  as  established  by 

United  a,n  act  of  Congress  of  the  United  States,  approved  April 

states  adopted.     ..    ,       -,r,nr>  ,i  -ii  ii  i 

10th,  180o,  together  with  the  several  amendments  and 
modifications  thereof,  extracted  from  various  acts  of  said 
Congress,  and  published  in  the  army  regulations  of 
1857,  by  order  of  the  Hon.  Jefferson  Davis,  Secretary  of 


Army 
tions  of 


61  1861. 

War,  be  and  the  same  are  hereby  adopted  for  the  gov- 
crninent  ot  the  army  of  the  State  of  Alabama,  whether 
reguhirs  or  volunteers  in  active  service,  with  thefollow- AUomtions  and 
ing  alterations  and  amendments:   that  is,  insert  "Qov-*""'"^'"'"'*' 
ernor"  in  the  place  of  "President"   wherever  it  occurs,  ^ 

nnd  insert  "State  of  Alabama"  in  the  place  of  "United 
States"  or  "United  States  of  America,"  wherever  they 
occur;  insert  "Adjutant  General"  in  the  place  of  "De- 
partment of  War"  and  "Secretary  of  War,"  wherever 
these  terms  occur  ;  strike  oul,  in  art.  5tli,  the  words 
"the  President  of  the  United  States  against  the  Vice 
President  thereof,  against  the  Congress  of  the  United 
States,  or  against  the  Chief  Magistrate  or  Legislature 
of  any  of  the  United  States,"  and  substitute  in  their 
stead  "the  Governor  of  the  State  of  Alabama,  the 
President  or  Vice  President  of  the  Southern  Confedera- 
cy, should  one  be  formed  of  which  Alabama  is  a  mem- 
ber, against  the  Congress  of  such  Confederacy,  or  against 
the  Chief  Magistrate  or  Legislature  of  any  State  of  such 
Confederacy."  In  the  10th  article,  strike  out  the  form 
of  the  oath  therein  prescribed,  and  substitute  the  fol- 
lowing: "I,  A.  B.,  do  solemnly  swearor  affirm,  (as  the  case  oatu  of  aiitgi 
may  be,)  that  I  will  bear  true  allegiance  to  the  state  of*"*^*-"- 
Alabama,  and,  in  case  a  Confederacy  is  formed,  of  any 
seceding  states,  including  said  State  of  Alabama,  that 
I  will  bear  true  allegiance  to  such  Confederacy,  and  that 
I  will  serve  said  state  and  said  Conlederacy  honestly 
and  faithfully  against  all  their  enemies  and  opposers 
whatsoever ;  and  will  observe  and  obey  the  orders  of 
the  Chief  Executive  of  said  Confederac}',  or  of  the  Ex- 
ecutive of  Alabama,  if  the  same  is  not  formed,  and  the 
orders  of  the  officers  appointed  over  me,  according  to 
the  rules  and  articles  for  the  government  of  the  armies 
of  said  Confederacy  or  said  state  ;"  and  to  art.  100  add 
these  words,  which  must  be  understood  to  include  both 
volunteers  and  militia,  when  called  into  active  service, 
any  law,  rule  or  regulation  to  the  contrary  notwith- 
standing. 

Approved,  February  8,  1861. 


1861.  62 

1^0.  48.]  AN"  ACT 

To  make  certain  provisions  for  tlic  Volunteors  now  in 
service  at  rensacoln. 

f 

Section.  1.     Be  it  en  ded  b>/  the  Senate  and  House  of 

Representatives  of  the  State  of  Alabama  in  General  Assembly 

Provision     ^^r comcned,  Tliat  whereas  the  government  of  the  United 

maitertoPensa- States  has  abolished  tlie  post  office  at  I'ensacohi,  the 

governor  be  and  he  is  iR'rcby  authorized  to  employ  as 

many  reliable  messengers  as  may  be  necessary,  at  a  cost 

of  not  more  than  three  dollars  each  per  day,  that  one 

may  go  to  and  from  the  cities  of  Montgomery  and  Pen- 

sacola,  by  the  way  of  Greenville  and  Sparta,  dail}-,  fot 

the  purpose  of  carrying  letters  and  such  packages  as  the 

public  cotiveyances  in  which  the  messengers  may  travel 

will  permit  them  to  carry  without  extra  chai'ge,  to  and 

from  the  volunteers  now  in  service  at  Pensucola, 

Approved,  January  29,  1861. 


cola. 


No.  49.]  AN"  ACT 

To  induce  Kailroad  Companies  in  this  State  to  carry 
troops  and  munitions  of  war  for  this  State  tree  of 
charge. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatircs  of  the  State  of  Alabama  in  General  A,'<scmbly 
■RMroaAfi  carry- convened,  That  any  railroad  companj^  in  running  or- 
mu^iiUonrC-ldcr  and  in  operation  :n  this  state,  that  will  agree  in 
»iaV"anj'counTyWritiiig,  and  filc  the  same  in  the  office  of  comptrol- 
lax.  lor  of  public  accounts,   to  transport,  free  of  charge,  all 

troops  and  munitions  of  war  for  the  defence  of  the  state, 
shall  be  released  and  exempted  from   all  state,   county 
or  city  taxes  imposed  by  the  laws  of  this  state  :  Brovid- 
Roa.unotsocar-g^,  That  such  rcleasc  or  exemption  shall  not  inure  or  ex- 
not"e.xenii?u°^*"'tend  to  uuy  rail  road   comitany   over  whose  road  no 
troops  or  munitions  of  war  shall   be  transported  :  And 
Governor    may 2^>'0cided  further,  That  the  governor  shall  have  the  pow- 
Buspendthieact.  (3,.^  ut  the  cud  of  any  fiscal  year,   to   suspend  the  opera- 
tions and  provisions  of  this  act,  as  to  any  one  or  more  of 
said  rail  road  companies. 
Approved,  February  7,  186L 


53  18G1. 

1^0.  50.]  AN  ACT 

To  authorize  the  appointment  of  additional  Lieuten- 
ants, and  for  other  purposes. 

Section  1,     Be  it  enacted  hi/  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembb/ 
convened,  That  tlie  governor  be  and  he  is  hereby  author-  Appointment 
ized  to  appoint,  in  tlie  regular  army,  and  to  cause  to  be  s"cond'^''nuuten-^ 
elected  in  tlie  volunteer  service,  whenever,  in  his  j udg- ■*"'*• 
ment,  the  public  interest  may  require  it,    t\Ao  second 
lieutenants  to  an}-  company,   provided  there  sliall  not 
be  in  anv  one  company  more  tlum  four  commissioned 
officers/        • 

Sec.  2.     Be  it  further  enacted,  That  whenever  the  jjov- oompanips  may 

111  '     J.  -ii  Til  ""ii-    consist    of     one 

ernor  shall  so  appoint,  or  cause  to  be  elected,   an   addi-iiuri.irc.inniinot 
tional  second  lieutenant,  that  he  may,  at  his  discretion,  Jf^elncn.'*'^'^"''^ 
require  tke  said  company  to  be   composed  of  one  hun- 
dred men,  rank  and  Hie,  and  such   company  shalj  not 
consist  of  less  than  seventy-tive  men. 

Sec.  3.     Be  it  further  enacted,  Th'it  the  rank  of  the  uanu  nxed  by 
said  second  lieutenant  shall  be  fixed  by  the  governor,  "'^  ^"**"^"*"^" 
whenever  their  commissions  bear  the  same  date. 

Sec.  4.     And  he  it  further  enacted,  That  whenever  aoovcmor    to 
company  is  accepted  with  a  less  number  than  seventj-- J^"",'e  remm^'i 
five  men,   or  whenever  its  rank  shall,   from  an}' cause,  ^"^j'*''"!'*^''' *"»"''■ 
fall  materially  below  that  number,   the  governor  may, 
in  his  discretion,  cause  said. ranks  to  be  recruited  to  the 
requisite  standard  of  men  in  the  regular  service. 

Sec.  5.    A7}d  he  it  further  enacted,  That  as  soHie  differ- N„mhor  or  non- 
ences  have  arisen  as  to  the  number  of  non-c()mmis?ioii-|'/^'^.[!^|,''.'',"^^^^^^ 
ed  officers  to  which  each  company   is  entitled,  and  thepo'nt««>^ 
manner  of  their  ajipointmeiit,  it  is  hcrcl)}'  declared  that 
there  shall  be  four  sergeants  and  four  corporals  to  each 
company,  to  be  ap[)ointed  by  the  colonel  or  command- 
ants of  the  regiments,  upon  the  reconimondation  of  the 
captain  or  commander  of  a  company  ;  the  orderly  to  l)0 
Bclected  from  the  sergeants  thus  aijpointed. 

Approved,  February  8,  1861. 


1861.  54 

1^0.  51.]  AN"  ACT    . 

To  authorize  the  employment  of  a  clerk  in  the  office  of 
the  Adjutant  and  Inspector  General,  api)ointed  under 
the  military  ordinance  of  the  19th  January,  1861. 

Section  1.     Be  it  enacied  hy  the  Senate  and  House  of 

Representatives  of  the  State  of  Alabama  in  General  Assembly 

Compensation    conve?ied.  That  the  adjutant  and  inspector  sjeneral  under 

not     to    cxccfd  T  1  o 

eight    iiundred  the  Ordinance  of  19th   January,   1861,  be  authorized, 
doiurs  per  «"- ^yj^.]^  ^\^q  eouseut  of  tlic  govcmor,  to  employ  a  clerk  in 
his  office,  at  a  compensation  not  exceeding  eight  hun- 
dred dollars  per  annum,  and  at  that  rat^  for  the  time 
employed. 
Approved,  February  8^  1861. 


:N'o.  52.]  AN  ACT 

To  accept  the  aid  of  certain  patriotic  citizens. 

Section  1.     Be  it  enacted  by  the  Seriate  and  House  of 
Representatives  ot  the  State  of  Alabama  in  General  Assembly 
Governor  autiior  convcned,  That  the  governor  be  and  he  is  hereby  author- 
J^rviccs  oT'^nc'-ized  to  acccpt,  to  such  extent  as  he  may  deem  necessa- 
f(^tlln''l'mon8  OS  the  proffered  services   of  negro  men,  tendered  by 
George  N.  Gilmer,  of  Tallassee,  Tallapoosa  couity,  Joel 
E.  Mathews,  of  Dallas  county,  and  Alexander  Davidson, 
and  his  neighbors,  of  Terry  county,  and  of  persons  who 
have  made,  and  may  hereafter  make,  similar  offers  to 
aid,  as  may  be  necessary,  in  protecting  and  defending 
the  state. 
Governor  to  do-     Sec.  2.     Be  it  farther  enacted,  That  during  the  time 
.txpcn8(ll."^'''"'^8aid  negroes  are  so  employed  in  the  service  of  the  State, 
and  while  traveling  to  and  from  the  place  of  such  ser- 
vice, the  governor  is  authorized  to  defray  all  necessary 
expense  of  traveling  and  provisions,  out  of  whatever 
amount  may  be  or  has  been  appropriated  to  the  military 
.defense  of  the  state. 

Approved,  January  31,  1861. 


55  1861. 

No.  53.]  AN  ACT 

To  conditionally  relieve  from  militaiy  duty  certain  per- 
sons therein  named. 

Section  1.     Be  it  enacted  hi/  the  Senate  and.  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,   That  whenever,  in  the  opinion   of  the  gover- uaiiroad,    teie- 
nor,  the  puhlic  interest  of  this  state  shall  require  it,  he[;T,7'W-iunboa'i 
may  exempt  from  military'  duty  any  offijer  or  emi)loyce'"'""'^'"'''- 
ofanyorall    railroads,   telegraphic  or  express  compa- 
nies, or  of  any  or  all  steamboat  or  other  water  craft, 
■while  said  officer  or  employee  is  actually  employed  as 
such. 

Approved,  January  31,  1861. 


No.  54.]  AN  ACT 

To  authorize  the  Governor  to  distribute  certain  arms. 

Section  1.     Be  it  enacted  by  the  Seriate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  governor  of  this  state  be  and  he  isFiro  omnpanies 
hereby  authorized  to  furnish  any  fire  compnnies  in  the  fUniis'hcu  "wiui 
ci<y  of  Mobile,  that  have  formed  or  may  form  them- *""'*• 
selves  into  militarj''  organizations,   with    the   requisite 
number  of  muskets,  held  by  the  state  at  Mount  Vernon 
arsenal,  taking  proper  bonds  from  the  commanders  of 
said  companies  for  the  safe  keeping  and  return  of  said 
muskets. 

Approved,  January  31,  1861. 


No.  55.]  AN  ACT 

To  provide  for  the  election  of  certain  militia  officers  of 
the  State  of  Alabama. 

Section  1.     Be  it  enacted  by  the  >.enatc  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  governor  of  tliis  state  shall  immedi- Governor  lo  or 
ately  order  elections  to  fill  the  offices  of  major  general,  lions  in  tin-  mi 
brigadier  general,  and  colonel,  in  the  various  divisions,''"^ 


1861.  56 

briirades  and  reo:imcnt3  throuixliout  the  State  of  Ala- 
baina,  and  fix  the  day  on  which  the  same  shall  be  held, 
and  said  elections  shall  be  held  under  the  direction  of 
the  slierifts  of  the  respective  counties,  conducted  in  the 
same  manner,  and  returns  thereof  made  as  now  provid- 
ed by  law. 
Brigadier-gene-       Skc.  2.     Be  U  farther  eiiacied,  That  in  all  eases  where 
regiments!''""''  there  are  two  or  more  regiments  in  the  same  county,  it 
shall  be  the  dut}'  of  the  briii^adier  general  in  command 
of  such  regiments,  to  define  the  boundary  line  between 
said  regiments. 
Election  of  offl-     Sec.  3.     Bc  U further  eiKicted,  That  all  volunteer  reg- 
cersofvoiuntceriments  aud  comijauies,  oraranized  under  the  laws  ot  this 

regiments     and  ..        J-  ,'       ^       .  iiiiiii       ,.■  r 

companies.  State,  ou  giviug  ten  Qays  notice,  shall  hold  elections  tor 
their  officers,  and  report  to  the  governor  of  the  state, 
except  those  companies  and  regiments  which  have  been 
organized  and  have  re-elected  their  officers  since  the 
passage  of  the  ordinance  to  re-organize  the  militia  of  the 
state  ot  Alabama,  of  the  23d  day  of  January,  18G1. 
Approved,  February  8,  1861. 


is^o.  56.]  AN  ACT 

To  give  greater  efficiency  to  the  Military  Department 
of  tlie  University  of  the  State  of  Alabama. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
liepresenta tires  of  the  State  of  Alabama  in  General  Assendjli/ 
Increases  inlet- con vcncd,  That  "All  actciititlcd  An  act  to  amend  sections 
funTi^eigut per  383  and  384  of  the  Code  of  Alabama,  fixing  the  Univer- 
^■^°''  sity  fund  and  establishing  a  military  department  in  said 

University,"  approved  February  23d,  1860,  be,  and  the 
same  is  hereby  amended  by  striking  out  the  word  "six" 
in  the  last  line  of  said   section,  and  inserting  in  lieu 
thereof  the  word  "  eight." 
l^mlsTdHii  offi.     S^^-  2.     -Be  itfurthtr  enacted.  That  it  shall  be  the  duty 
cers  when   re- of  tlic  prcsidciit  and  Superintendent  of  tlic  University 
gcve'rnor!'^viUl'^ of  Alabama,  or  the  oiHcer  in   charge  thereof  by  what- 
out  pay.  soever  name  designated,  on  the  requisition  of  the  gover- 

nor of  the  state,  to  detail  a  competent  officer  of  said 
University,  to  drill  and  instruct  such  officers  or  troops 
of  the  State  of  Alabama,  as  the  governor  may  designate, 
not  exceeding  two  months  in  any  one  year,  at  such 


5T  1861. 

place  within  the  state  as  he  may  direct,  and  the  officer 
80  detailed  shall  receive  no  pay  or  compensation  from 
the  state  for  such  services. 

Sec.  3.     Beit  further  cnaotcd,  That  from  and  after  the  Throo  Mmients 
passatije  ot  this  act,  three  pnpils  trom  each  comity  ottvtoiiecducatcd 
this  state,  instead  of  two,  as  now  provided  hy  law,  shall  [;,':;;i;;|,;="'""S'^''"'" 
he  educated  at  the  University,  free  of  all   charge  for 
tuition  in  the  same:  Provided,  the  rate  of  interest  hereb}'' 
authorized  to  he  paid  on  the  University  fund,  shall  con- 
tinue so  long  only  as  it  m-Ay  be  the  policy  of  the  state 
to  continue  the  military  department  as  a  branch  of  the 
State  University. 

Approved,  January  30,  1861. 


Eo.  57.]  AN  ACT 

To  amend  an  act  entitled  "An  act,  to  provide  for  an 
efficient  military  organization  of  the  State  of  Ala- 
bama," approved,  February  24th,  1860. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  words  one  hundred  and  fifty,  be  increase  of  num- 
•added  after  the  words  "eight  thousand"  where  they '"'"^  "''"• 
occur  in  the  1st  section  of  an  act  entitled  "  An  act  to 
provide  for  an  efficient  military  organization  of  the 
State  of  Alabama,"  approved,  February  24th,  1860. 

Sec.  2.  Be  it  further  enacted,  That  the  tigures  "  oneinm^win  But- 
hundred"  where  they  occur  after  the  word  "  Butler"  in  '-'■'^°"°^' 
same  section,  be  stricken  out,  and  the  figures  two  hun- 
dred and  fifty  inserted  in  lieu  thereof. 

Approved,  February  5,  1861. 


No.  58.]  AN  ACT 

To  amend  An  net  to  provide  for  the  military  education 
of  two  young  men  from  each  county  in  tiic  (State  of 
Alabama. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act  approved  February  21st,  1860,  en- 


1861.  58 

Amendatorv.  titled  ail  act  to  pi'ovide  for  the  military  education  of 
two  young  men  from  eacli  county  in  the  State  of  Ala- 
bama, be  and  the  same  is  hereby  amended  by  striking 
out  the  words  "  such  cadet"  where  they  occur  in  the 
last  line  of  the  sixth  section  of  said  act,  and  insert  in 
lieu  thereof  the  words  "the  superintendent  of  the 
school,  who  shall  account  for  the  same  to  the  parent  or 
s^uardian  of  such  cadet." 
Approved,  February  8,  1861. 


No.  59.]  AN  ACT 

To  fix  the  times  of  holding  the  circuit  courts  in  the 
fourth  judicial  circuit. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Hepreseniaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act 
the  circuit  courts  for  the   4th  judicial  circuit  shall   be 

Time  of  holding  held  as  follows  :  In  the  county  of  Lawrence  on  the  first 

rencecounty.*^^"  Monday  in  March,  and  may  continue  for  one  week,  and 
on  the  first  Monday  in  September,  and  may  continue 

In  Lauderdale  fQp  ^wo  wccks.  In  the  couutv  of  Laudcrdalo,  on 
the  second  Monday  in  March  and  the  third  Monday  in 
September;  and  for  the  spring  term  thereof  may  con- 
tinue for  two  weeks,  and  for  the  Ml  term  thereof  may 

In    Franklin     contiuuc  for  ouc  wcck.     lu  the  couutv  of  Franklin,  ou 

county.  »/  ' 

the  fourth  Mondays  in  March  and  September,  and  may 
In  Limestone  contiiiuc  for  two  wecks.  Ill  the  county  of  Limestone, 
county.  Qj^  ^Y^Q  second  Monday  after  the  fourth  Monday  in  March 

and  September,  and  may  continue  for  one  week.  In  the 
In  Morgancoun- county  of  Moi'gau,  Oil  the  third  Moiiday  aftcr  thc  fourth 

Monday  in  March  and  September,  and  may  continue  for 
In  Marion  coun- one  wcck.  In  thc  couuty  of  Marion,  on  the  fifth  Mon- 
'^'*  day  after  the  fourth  Monday  in  March  and  September, 

and  may  continue  for  one  week. 

Sec.  2.     And  be  it  farther  enacted,  That  all  laws  and 

parts  of  laws  inconsistent  with  this  act,  be  and  the  same 

are  hereby  repealed. 
•When  tbis  act      Sec.  3.     Be  it  farther  enacted,  That  this  act  shall  not 
goes  into  effect,  ^^j^^  ^^^^^  ^^^^jj  ^^^^.^^  ^^^^  ^j^^^^  Mouday  after  the  fourth 

Monday  in  March  next. 

.    Approved,  February  8,  1861. 


69  1861. 

No.  GO.]  AK  ACT 

To  regulate  the  time  of  holding  circuit  court  in   the 
county  of  Chambers. 

Sectiox  1.     lie  it  enacted  bi/  the  Senate  and  House  of 
JR( present  at  ives  of  tJie  State  of  Alabama  in  General  Assetnbly 
convened.  That  an  act,  entitled   "An  act  to  lay  oil'  and  to be hei.i  sixth 
divide  the  state  of  Alabama  into  eleven  judicial  cir- flr""'Mo„day'^'in 
cuits,"  approved  January  25th,  1860,  be  amended  as  fol- teJ^^^'^V.''"**  ^^P" 
lows,  to-wit :  the  circuit  court  for  the  county  of  Cham- 
bers shall  be  held  on  the  sixth  Monday  after  the  tirst 
Monday-  in  March  and  September  of  each  3'ear. 

Sec.  2.  Be  it  farther  enacted,  That  all  laws  and  parts 
of  laws,  in  conflict  with  the  provisions  of  this  act,  are 
hereby  repealed. 

Approved,  February  5,  1861. 


Xo.  61.]  AN  ACT 

To  change  the  time  of  holding  the  circuit  court  in   the 
county  of  Marion. 
• 

Section  1.     He. it  enacted  by  the  Senate  and  House  of 
liepi'esentatives  of  the  State  of  Alabama  in  Generid  Assembly 
conrencd,  That  from  and  after  the  passage  of  this  act,  onfinh  Monday 
the  circuit  court  for  the  county  of  Marion  shall  be  helddar  "\n   March 
on  the  fifth  Monday  after  the  fourth  Monday  in  Alarch*"^  se,,temb*r. 
and  September,  and  may  continue  one  week. 

Sec.  2.  Be  it  farther  enacted,  That  all  executions.  Return  tenn. 
writs,  subpoenas,  and  process  of  every  kind,  made 
and  returnable  to  the  said  circuit  court  at  the  time  now 
provideu  by  law,  shall  be  and  the  same  are  hereby  made 
returnable  to  said  court  at  the  time  prescribed  by  this 
act. 

Approved,  January  2-4,  1801. 


1861.  60 

No.  62.]  AN  ACT 

To  change  the  time  of  hohling  the  cliancery  courts  of 
the  4th  and  5th  districts  of  the- Southern  Chancery 
Division. 

Sectiox  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Mepresentatives  of  the  State  of  Alabama  in  General  Asseinhli/ 
convened,  That  the  spring  terms,  A.  D.  1861,  of  the 
chancer}-  court  for  the  4th  district,  shall  be  held  on  the 
4th  Monday  in  March  ;  and  for  the  5th  district,  on  the 
second  iVIonday  in  April,  instead  of  at  the  times  now 
prescribed  by  law. 
Return  terms.  Sec.  2.  Be  U  further  enactcd,  That  all  process  made 
returnable  to  the  terms  heretofore  fixed  by  law,  shall 
be  considered  returnable  to  the  terms,  and  at  the  times 
mentioned  in  the  first  section  of  this  act. 
Approved,  February  8,  1861. 


N"o.  63.]  AN  ACT 

To  regulate  the  time  of  the  trial  of  state  cases  in  the 
circuit  court  for  the  count^^  of  Chambers. 

Sectiox  1.     Be  it  enacted  %  the  Senate  and  JToase  of 
Representatives  of  the  State  of  Alabama  in  General  yisse/nbli/ 
convened,  That  section  8573  of  the  code  of  Alabama,  be 
so  amended  as  to  strike  out  all  after  the  words  "one 
week"  of  the  second  line  of  said  section,  and  insert  in 
stat«  docket  t a- lieu  thereof  the  following,  to-wit :  The  witnesses  must 
we"k."^    ""'^'^be  summoned  to  attend  on   Monday  of  the  third  week, 
on  which  day  the  state  docket  must  be  taken  up  :  Pro- 
vided, That  this  act  shall    only  apply  to  the  county  of 
When  this  act  Chambers  ;  and,  Provided,  further,  Said  act  shall  not  take 
eft'ect  until  after  the  expiration  of  the  spring  term,  A. 
D.,  1861,  of  the  circuit  court  for  said  county. 
Approved,  January  31,  1861. 


61  1861. 

IS^o.  64.]  AN  ACT 

To  fix  the  compensation  of  bailiffs  in  the  circuit  courts 
of  Pickens,  Coosa  and  other  counties. 

Skctiox  1.     He   it  enacted  by  the  Senate  and  Jlbuse  of 
JRepresentatirrft  of  the  Sf<(te  of  Atahavia  iu  Oene)'<d  Aseieuihhj 
convened^  That  from  and  after  the  passa^^e  of  this  act  thcAiiowcfi    «nnie 
bailiffs,  while  in  attendance  on  the  circuit  court  aiul  imorcJA  by"aw? 

£rand  juries,  in  the  counties  of  Coosa,  Kandolph, 
owndcs,  Pickens,  Kussell,  Pibb  and  Chambers,  shall  be 
allowed  the  same  pa}-  as  now  allowed  by  law  to  the  ju- 
rors of  the  regular  panel,  in  the  several  counties  named 
in  this  act,  all  laws  and  parts  of  laws  to  the  contrary 
notwithstanding. 
Approved,  February  1,  18G1. 


No.  65.]  AN  ACT 

To  amend  an  act  to  create  a  clerkship  in  the  Comptrol- 
ler's Office. 

Section  1.     Jic  it  enacted  by  the  Senate  and  House  of 
Jiijnx'Se/itatt'res  of  the  State  oj"  Alabama  in  General  Asscndihj 
convened,  That  the  words   "five  hundred,"   where  the}- inoroases  salary 
occur  in  the  first  section  of  said  act,   be,  stricken   out,  Ii",nar*8. "'""'**''* 
and  the  words  "one  thousand"  be  inserted  in  lieu  there- 
of; and  that  the  words  ♦'on  oath,"  in   the  third  section 
o  said  act,  be  stricken  out. 
Approved,  February  8,  1861. 


No.  ^(j,^  AN  ACT 

To  authorize  the  Governor  to  eliiploy  two  sectetaneS. 

Section  1.  Be  it  enacted  by  the  Senate  and  House,  of 
Heprcsentatives  of  (he  State  of  Alabama  in  General  Assembly 
concencd,  That  the  governor  be  and  he  is  hereby  au- 
thoriy.cd  to  cngngc  the  services  of  two  competent  clerks 
or  secretaries  in  his  office^  for  the  remainrler  of  the 
present  year,  nt  the  rate  of  seven  hundred  and  fifty  dol-|,a]„ry  1750  per 
lars  per  annum  for  each,  payable  quarterly  t  Provided  ha  *""^"^- 
ehall  have  the  riffht  to  discontinue  the  services  of  one 


1861.  62 

or  both  of  said  secretaries  or  clerks,   whenever  their 
services  may  be  no  longerneeded. 
Approved,  January  19,  1861. 


Ko.  07.]  AN  ACT 

To  authorize  the  employment  of  a  Clerk  in  the  State 
Treasurer's  office. 

Section  1 .  Be  it  enacted  hy  the  Senate  and  House  of  Hep- 

reaentative»  of  the  State   of  Alabama  in   General  Assonhly 
convened,  That  the  state  treasurer  be,  and  he  is  hereby 
authorized  to  employ   a   clerk  in   his   office  for  such 
time  as  may  be  found  by  him  necessary,  and  for  which 
service  such  clerk  shall  receive  as  compensation  a  sum 
saiarynottoex-iiot  exceeding  scvcu  hundred  and  fifty  dollars  per  an- 
ceed  1760.        num,  to  be  paid  quarterl}',  as  other  salaries,  on  the  cer- 
tificate of  the  treasurer  of  the  correctness  of  the  account, 
and   on  the  warrant  of  the  comptroller  of  public  ac- 
counts. 
Salary  of  secre.      Sec.  2.  Be  U  furtkcr  cnacted,  That  the  annual  salary 
ayo  sa         ^^  ^j^^  secretary  of  state  shall,  from  the  passage  of  this 
act,  be  sixteen  hundred  dollars,  payable  quarterly. 
Approved,  February  9,  1861. 


.    No.  68.]  AN  ACT 

For  the  better  preservation  of  the   Capitol  Building 
from  fire. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Bepreseniatives  of  the  State  of  Alabama  in  General  Assembly 

One    i\\o\iLis.ru\ convened,    That  the  sum    of  one   thousand   dollars   is 

two  ciLV^ns^'nc-Lr  ^^^^'^^'^  appropriated,  out  of  any  funds  not  otherwise 

ihecapitoi.       appropriated,   for  the  purpose  of  building  two  cisterns 

near  the  capitol,  to  be  used  in  case  of  fire,  and  the  work 

shall  be  done  under  the  direction  of  the  governor,  and 

the  money  drawn  from  the  treasury  on  his  order :  Pi'o- 

Bond&ni  secut- vkled,  The  governor  shall  take  bond  and  security  for 

iiy  to  e  given.  ^^^^  completion  and  faithful  (^oustructiou  of  said  cisterns  : 

And  provided  further^  That  the  cost  of  the  construction 


1861. 


of  said  cisterns  shall  not  exceed  the  said  sum  of  one 
thousand  dollara  hereby  appropriated. 
Approved,  February  8,  1861. 


No.  60.]  AN  ACT 

Declaring  Five  Runs  a  Public  HighAvay. 

Sectiox  1.  lie  it  enacted  by  the  Senate  and  Jfonse  of 
Hepi'esenfatli'cs  of  the  State  of  Alabama  in  General  AKsembiy 
convened^  That  from  and  after  the  passage  of  this  act, 
the  river  known  by  the  name  of  Five  Runs,  from  its 
terminus  to  J3ass'  bridge,  in  the  county  of  Covington, 
be  and  the  same  is  hereby  declared  a  public  highway. 

Approved,  February  8,  1861. 


No.  70.]  AN  ACT 

To  authorize  the  appointment  of  a  Branch  Pilot   for 
certain   waters  running  into  the  Bay  of  Mobile. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Kcprescniaikcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  sectiou  901  of  the  Code  of  Alabama  be  J|!,':f,,.,1::]";/>?S5 
80  amended  that  the  commissioners  of  pilotage  of  the ''"*= ''"'"'• 
bay  and  harbor  of  Mobile  shall  have  power  to  grant  a 
license  to  some  person  to  act  as  a  branch  pilot  for  the 
waters  running  from  Fort  Stoddard,  where  the  same 
leaves  the  Mobile  river,  to  Mobile  Point. 

Approved,  February  8,  1861. 


No.  71.]  AN  ACT 

To  amend  "An  act  to  prohibit  the  sale  of  intoxicating 
liquors  within  certain  limits iu  Limestone  county." 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Heprcsentatircs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  act  approved  February  6,  1860,  en- 
titled "An  act  to  prohibit  the  sale  of  intoxicating  liquors 
within  certain  limits  in  Limestone  county,"  be,  and  the 


1861.  64 

same  is  hereby  amended,  by  adding  thereto  the  follow- 
ino^  section:  Sec.  4.  Be  it  farther  enacted,  That  it  shall 
oniggist  not  to  not   DC  lawiul  tor  any  pliysician  or  licensed  druggist 
cer\ain''purpoBes"!'^''Gntioned   ill  the  tirst  section  of  this  act,  except  for 
medicinal  or  sacramental  use,  to  sell,  exchange  or  bar- 
ter away  for  money,   or   other  valuable   consideration, 
any  vinous,  spirituous,  or  intoxicating  liquors ;  and  if 
any  physician  or  druggist  shall  violate  the  provisions  of 
this  section,  he  shall,  on  conviction,   suffer  the  penalty 
prescribed  in  the  first  section  of  this  act. 
Approved,  February  1,  1861. 


No.  72.]  AN  ACT 

To  prohibit  the  sale  of  Spirituous  or  Intoxicating 
Liquors,  within  one  mile  of  Dublin,  in  Perry  county, 
and  Spring  Hill  Academy  or  Spring  Hill  Church,  in 
Pickens  county. 

Section  1.     Be  it  evaded  by  the  Senate  and  House  of 

Representatives  of  the  State  of  Alabama  in  General  Assembly 

Bale  prohibited  eo^ircr;e(/.  That  irom  and  after  the  passage  of  this  act, 

exc'i"  f or^md i- i    sluill  uot  be  lawful  for  any  person  or  persons  to  sell, 

cai  or  mecham- yj.  QffgjifQp  gale,  spirituous  or  intoxlcatiug  Hquoi's,  ex- 

cal  purposes.  , .    . '      i^  .  o        i        ,    ' 

cept  for  medicinal  or  mechanical  purposes,  within  one 
mile  of  Dublin,  in  Perry  county,. or  within  one  mile  of 
Spring  Hill  academy  or  Spring  Hill  church,  in  Pickens 
county. 
Penalty.  Sec.  2.  Bc  it  farther  enacted,  That  any  person  or  per- 

sons so  offending,  shall  be  subject  to  indictment,  and 
upon  conviction  thereof,   shall  be   fined  not  less   than 
fifty  doMars  for  each  and  every  such  offence. 
Approved,  January  20,  1861. 


65  1861. 

No.  73.]  AN"  ACT 

To  prevent  the  ?;alo  of  spintnouscr  iiitoxicalino: liquors 
within  three  miles  of  Moore's  Bi'i(lo;e  l\)st  OtHee,  in 
tlie  county  of  Tuscaloosa,  and  Dublin  Academy,  in 
Bibb  county. 

Section  1.  Be  it  cnack-d  bij  the  Senate  and  House  of 
Hepreseniatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passac^e  of  this  act,  saic  prohibited 
it  shall  not  be  lawful  lor  any  person  or  persons  to  sell,  ^^■'"""  """'""*• 
or  oiler  for  sale,  spirituous  or  intoxicating  liquors,  except 
for  medicinal  purposes,  within  three  miles  of  Moore's 
Bridge  Post  Office,  in  precinct  number  three,  in  the 
count)  of  Tuscaloosa,  aiui  Dublin  academ}^  in  Bibb 
county. 

Sec.   2.     And  be  it  further  enacted.  That  any  person  rcnaity. 
so  otfenSiug,  shall  be  subject  to  indictment,  and  upon 
conviction,  shall  be  fined   not  less  than  the  fine  for  re- 
tailing without  a  license  in  this  state. 

ArpiiovEU,  January  25,  18(31. 


No.  74.]  AN  ACT 

To  prohibit  any  person  or  persons  from  giving  awa^-, 
selling,  or  ottering  for  sale,  any  vinous  or  s[)irituous 
liquors,  within  three  miles  of  Limeville  Baptist 
church,  in  Shelby  county,  or  within  one  mile  of 
Hamburg,  in  Perry  county. 

Skction  1.  .Be  it  enacted  by  the.  Senate  ■and  ITotif^e  of  Rrp- 
reseiitatiref:  of  the  State  of  Ala  bam  rt  in  General  A  ssenibty 
convent  That  it  shall  not  be  lawful  for  any  person  or^.,i,.  ,,roi.ii.itid 
persons  to  give,  sell,  or  offer  for  sale,  au}^  vinous  orJJ^i',[;^"  ^'"■"" 
spintuons  liquors  witliin  tlirce  miles  of  l^imeville  Bap- 
tist church,  in  the  county  of  Shell)y,  or  within  one  mile 
of  the  centre  of  the  village  of  llaml)urg,  in  the  county 
of  Perr}',  except  for  medical  and  mechanical   purposes. 

Sec.  2.     And  be  it  further  enacted,  That   any    person  p^.nalty. 
or  persons  violating  the   provisions  of  the  first  section 
of  this  act  shall  be  liable  to  indictment,  and  upon  con- 
viction tiicrcof,  shall    be   fined    not  less  than  fifty,   nor 
5 


1861.  66 

more  than  five  limidred  dollars,  by  the  court  trying  the 
cause. 
Approved.  February  8, 1861. 


No.  75.]  AN  ACT 

To  prevent  the  sale  of  Spirituous   Liquors  within  two 
miles  of  Spring  Hill  College,  in  the  county  of  Mobile. 

Secttox  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the    fSfate  of  Alah/nna  in    Gen^'val  Assembl;/ 
Sale  prohihitoA  convened,  Tliat  from  and  after  the  passage  of  this  act,  it 
^vithin  two  milts  gi^g^ll  ^^  unlawful  for  any  person  or  persons  to  sell,  vend, 
exchange  or  barter  awa}^,  or  in  any  manner  dispose  of, 
or  give  away  any  spirituous,  vinous  or  other  intoxica- 
ting  liquors    ot   any    kind  whatever,  in  any  quantity, 
larjre   or   small,  witliin  the    distance   of  two   miles  of 
Spring  Hill  College,  in  Mobile  county. 
Violation  a  mis-     Sec.  2.     Be  it  further  enacted.  That  if  any  person  or 

demeanor — fine  •    ^    .'•  ,■<  •    •  />    j  i  •  Vi       i 

not    less   than  persons  so  Violating  tne  provisions  or  this  act,  he  or 

*^'"'"  they  so  offending  shall  be  guilty  of  a  misdemeanor,  and 

on  conviction  thereof,  shall  be  fined  in  a  sum  not  less 

than  two  hundred  dollars  for  each   offence,  one  half  of 

the  fine  to  go  to  the  use  of  the  informant,  and  the  other 

half  to  the  county  treasury  of  Mobile  county. 

License  shall  not     Sec.  3.     Bc  it  fiivther  cnactcd,  That  it  shall  be  unlaw- 

iiqfIuM**^!uij'in  ful,  after  the  passage  of  this  act,  for  the  court  of  pro- 

two  miles  of  ti'e  [^.^j^g  yf  gr^jj  couutv  of  Mobil'e  to  ofraut  any  license   to 

college.  </  o  J 

any  person  or  persons  to  sell,  barter,  or  exchange  any 
s[)irituous  or  intoxicating  liquors  within  two  miles  of 
said  Spring  Hill  College,  as  provided  for  in  this  act: 
Provided,  Kothing  herein  contained  shall  be  so  con- 
strued as  to  prevent  phj'sicians  from  administering 
spirituous  or  vinous  liquors  to  their  patients  when  they 
may  deem  it  necessary. 

Approved,  February  ^  1861. 


67  1861. 

No.  76.]  AN  ACT 

To  loan  arms  and  accoutrements  to   E.  M.  and   J.    A. 

Law. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Heprefientatives  of  the  /State  o/  Alabama  i/i  General  Assembly 
convened,  That  the  Governor  of  the  State  is  hereby  Arms  lent  for uic 
■authorized  to  loan  to  E.  M.  and  J.  A.  Law,  (teachers  of"«e"fa  school, 
a  military  school,)  or  either  of  them,  as  many  suitable 
arms  and  accoutrements,  not  exceeding  one  hundred, 
as  may  be  required  by  their  school,  and  one  piece  of 
ordnance,  upon  such  bond  and  security  for  the  safe  keep-  ."""'>  •"'•i  fpc"*- 

'        X.  V  1.        itV  tO'u'3   CTlVCn" 

ing  and  return  of  said  arms  as  shall  be  required  by  the 
governor,  provided  said  arms  can  be  spared  without  de- 
triment to  the  state. 
Approved,  February  8,  1861. 


No.  77.]  AN  ACT 

To  change  the  lines  between  the  counties  of  Shelby  and 
Jefterson. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Hepresentatives  of  the  State  of  Alabama  i?i  Geireral  Asscjnbly 
C07ivem'd,  That  the  line  dividing  the  counties  of  Jeffer-noundary  linc 
son  and  Shelby  be  so  changed  as  to  leave  the  Shades '*'""''''• 
mountains  at  the  narrows;  tlrence  following  the  west 
branch  of  the  Little  Shades  to  or  opposite  the  Dow  Weir 
place,  including  said  place  in  Jefferson  count}';  thence 
to  the  head  of  Camp  branch,  and  down  said  branch  to 
the  Columbiana  road  ;  thence  down  said  road  to  Mat- 
thew Tatton's,  including  him  in  said  connty  of  Jeffer- 
son ;  thence  to  Elias  Glenn's,  iticluding  him  in  said 
county;  thence  west  to  the  old  line  on  the  Shades 
mountain. 

Sec.  2.     Beit  further  enacted.  That  "Wm.  P.  Hickman,  ponimiMioiiers 
W  m.  b.  Earnest,  and  J)aniel  vvatkins,  of  JeiTerson,  and 
Gains  Acton  andEl)cnezer  Byrun,  be  appointed  to  run 
out  and  mark  said  line  :  Provided^  That  the  coutity  of .yp^^.r^„„  p„„„,j. 
Jefferson  shall  pay  said  commissioners  for  running  out*"  p»y«"'pcn8C8. 
said  line. 

Approved,  February  8,  1861. 


1861.  68 

'  H^o.  78.]  AX  ACT 

To  repeal  an  act  approved  December  od,  1857* 

Section  1.     Be  it  enacted  bj  the  Senate  and  House  of 
Mepreseniatwes  of  the  State  of  Alabama  in  General  Assembly 
Act  to  iW^xnci  convened,  Tliat  the  act   a{)proved  December  3d,  1857, 
repeared/"""''^  entitled  au  act  to  lay  oft"  St.  Clair  county  into  commis- 
sioners* districts,  and  for  other  purposes,  be  and  the  same 
is  hereb}^  repealed,  so  far  as  the  said  act  relates  to  the 
county  of  St.  Clair. 
Approved,  January  21,  1801. 


Xo.  79.1  A1S<  ACT 

To  repeal  an  act  therein    named,  relating   to   public 
roads  in  Marengo  county. 

Section  1.     Be  it  enacted  hj  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
r>epcai8  the  act convejicd,  That  the  act  entitled  "An  act  to  repeal  and 
isGu.'''"^"'"^^  ^"'aiT^end  the  road  laws  so  far  as  they  are  applicable  to 
certain  townships  east  of  Tombeckbee  river,  and  lying 
in  Marengo  county,"  approved  February  10th,  1860,  be 
and  the  same  is  hereby  repealed, 
FoTmer    road        ^EC.  2.     And  be  it  further  enacted,  That  the  road  laws 
.[Tf'force''''"'*'^    in  force  at  the  date  of  the  act  of  the   10th  February, 
1860,  and  applicable  to  the  several  townships  specilied 
in  same  act,  be  and  the  same  are  hereby  revived  and 
declared  to  be  in  force,  as  if  said  act  of  the  10th  Feb- 
ruary, 1860,  had  not  passed. 
AppiiovED,  January  21,  18G1. 


No,  80.]  AN  ACT 

To  repeal  an  act  therein    named,  relating   to    Steam 
Mills  in  Jackson  county. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Iie2yresentatives  of  the  State  of  Alabama  in  General  Assembly 

r.cpcaiof  act  otcoiivened,  That  an  act  entitled  "An  act  to  authorize  the 

'^"^"  owners  of  steam  grist  mills  in  the  county  of  Jackson, 


1 


69  1861. 

to  take  the  sixth  as  toll  for  grinding,"  approved  Feb- 
ruary 18th,  1800,  be  and  the  same  is  hereby  repealed. 
Approved,  January  25,  1861. 


Ko.  81.]  AN"  ACT 

To  repeal  in  part  an  act  approved  Februarj'  24th,  1860, 
to  amend  Section  499  of  the  Code,  as  far  as  Lauder- 
dale and  Coosa  counties  are  concerned. 

Skctiox  1.     Be  it  enacted  hy  the  Seriate  cotd  House  of 
Mepresentatlres  of  the  State  of  Alabi^ma  in  General  Assembbj 
coiwoicd,  That  from  and  after  the  passage  of  this   act,  Proi.atejiui<re  of 
the  probate  judge  of  Coosa  county  shalTbe  entitled  to  ^:;eh.c';amIVr 
receive  the  same  compensation,  wer  G?«m,  as  is  allowed  <'>''"='s«"m"''*- 
each  member  of  the  court  of  county  commissioners,  in 
an  act  entitled  an  act  to  amend  section  499  of  the  Code 
of  Alabama,  and    approved    February  h,  1860,  any 

law  to  the  contrar}-  notwithstanding. 

Approved,  January  30,  1861. 


No.  82.]  AN  ACT  "^ 

To  amend  an   act  for  the  preservation  of  game  in  the 
county  of  Sumter. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  As.ten/biy 
convened.  That  the  1st  section  of  an  act  entitled  an  act  Proscrration  <>f 
for  the  preservation  of  game  in  the  county  of  Sumter,  *^"'""' '"  ^''*'"'''' 
approved  January  2r)th,  1860,  be  and  the  same  is  hereby 
amended  by  inserting  the  word  "Shelby"  after  the  word 
"Sun»ter." 

Approved,  January  25,  1861. 


1861.  70 

ITo.  83.]  AN  ACT 

To  amend  an  act  incorporating  Clintonville  Academy, 
in  Cotfee  county. 

Section  1.     Be  it  enacted  hy  the  Senate  and  House  of 

Itepresentatives  of  the  State  of  Alabama  in  General  Assembly 

Three    monihs  convencd,  That  any  trustee  of  said  academy  who  shall 

t^e^ vlcau-s^Ms  f^^l  to  attend  the  regular  meetings  of  said  board  of  trus- 

se:it.  tees  for  three  successive  meetings,  without  satisfiictory 

cause  shown  to  said  board  for  such  absence,  said  board 

of  trustees  shall  declare  the  seat  of  such  absent  member 

vacant,  and  proceed  to  fill  such  vacancy  by  electing  a 

new  member. 

Approved,  February  1,  1861. 


No.  84.]  AN  ACT 

To  amend  an  act  therein  named. 

Section  1 .     He  it  enacted  by  the  Senate  and  Souse  of 

Jiepnesentatives  of  the  State  of  Alabama  in  General  Assembly 

Persona  of  In- conveued,  That  an  act  for  the  relief  of  George  Johnson 

miuedTo^Vrvi-iind  Jamcs  Johnson,  children  of  Joseph  A.  Johnson  and 

(ler"'^amenu"cil^"cy  Johnson,  approved  February  2,   1850,  be  and  is 

act.)  hereb}^  so  amended  as  to  apply  to  all  the  chiklren  of  the 

said  Joseph  A.  Johnson  and  his  wife,  Lucy  Johnson. 

Appkoved,  February  1,  1861. 


]fo..  85.]  AN  ACT 

To  empower  the  Governor  to  appoint  persons  residing 
anywhere  within  the  corporate  limits  of  the  city  of 
Wetuniipka,  to  act  as  Notaries  Public  for  tlie  county 
of  Coosa. 

Section  1.     Be  U  enacted  by  the  Senate  and  House  of 
Represe^iiaikes  of  i/ic  State  of  Alabama  in  General  Assembly 
i>ersons  }-esu\\ng  convened,  That  after  the  passage  of  this  act,  the  gover- 
urapkTm'ry^beiior  be  and    is  hereby  empowered  to  appoint  persons 

coosa°county'"'^^'®^^^^^'^to '^"y"^^'^^^^'^  ^'^'^^^^i'^  tiic  corporatc  limits  of  the 
city  of  Wetunipka,,  to  act  as  notaries  public  for  th.e 
county  of  Coosa.. 


71  1861. 


Sec.  2,     Br  U  further  enacted.  That  the  persons  so  ap-'i'«g>ve  bon.i  to 

,,,,.',  ,  ,  1      ,       •      1  c  /^  probate  judge  of 

)intca  shall  give  boiul  to  tlie  probate  judge  or  Coosa  coosa. 


S] 
poii 

county,  in  tlic  same  amount  as  that  now  required  of 
notaries  public  appointed  under  the  general  laws  of  the 
state. 

Sec.  3.     Be  it  further  enacted,  That  the  said  notaries  usnai     powers 
public,  so  appointed  under  this  act,  shall  have  the  samc*"'"*^"''"*^'*" 
powers  and  in  all  respects  be  governed  bjthe  same  law 
that  now  governs  notaries  public  in  this  state. 

Approved,  February  G,  18G1. 


No.  86.]  AN  ACT 

To  compensiite  William  S.   Gray  for  apprehending  a 
person  therein  named,  charged  with  a  felony. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentaticcs  o/  the  State  of  Alabama  in  (rcncrai  Assembly 
convened,  That  the  comptroller  of  public  accounts  be,  Fortydouars  al- 
and he  is  hereby  required  to  draw  his  warrant  on  the'"" '^''" 
treasurer  in  favor  of  Wm.  S.  Gray  for  the  sum  of  forty 
dollars,  for  arresting  John  C.  Thompson,  charged  with 
the  murder  of  David  C.  Warhurst,  and  summoning  a 
guard  and  delivering  the  prisoner  to  the  proper  author- 
ities. 

Approved,  Februar}-  1,  1861. 


No.  87.]  AN  ACT 

To  authorize  John  Cocke,  administrator  of  the  estate  of 
Wm.  F.  Cheney,  deceased,  to  make  complete  pay- 
ment for  certain  lands  therein  named,  and  a  patent 
to  issue  therefor. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  it  shall   and   may   be   lawful   for  John  tiu- ndminiMm- 
Cocke,  administrator  of  the  estate  of  Wm.  F.  Cheney,  p",j.n,"/nYfo"'"\Iy: 
late  of  Marengo  county,  deceased,   to  make  complete '"'■» '»'"'«• 
payment  of  the  purchase  mono}'  due  from  him,  as  ad- 
ministrator of  said  estate,  for  the  north-east  quarter,  and 
all  that  fractional  portion  of  the  north-west  quarter  ly- 


1861.  72 

iug  east  of  the  Tombeekbee  river,  and  the  south-west 
quarter,  and  the  south-east  quarter  of  section  sixteen,  ot 
township  seventeen,  of  range  one,   east,    in.  Marengo 
county,   purchased  by  the  said  adniinistratoi?  for   the 
benefit  of  the  estate  of  said  William  F.  Cheney,  under 
the  authority  of  a  decree  of  the  probate  court  of  Maren- 
on  payment  ©f  go  couuty ;  and  upou  the  payment  by  said  administra- 
ueasurl"  patent  tor,  into  the  statc  treasury,  of  the  full  amount  of  his 
shall  issue.        notcs  givcii  ill  the  purchase  of  said  lands,  with  interest 
due  thereon  up  to  the  day  of  payment,  a  patent  shall 
issue  to  the  distributees  of  said  estate,  as  ascertained 
and  certified  to  by  the  judge   of  probate  of  Marengo 
county. 
Disposition    of     Sec.  2.     Be  it  further  enaded.,  That  the  proceeds  of  the 
proceeds  of  sale,  ggj^,  of  Said  lauds,  whcii  paid  into  the  treasury,  shall  be 
invested  or  disposed  of  as  now  provided  by  law  in   re- 
gard to  funds  arising  from  sixteenth  sectio». 
Approved,  January  29,  1861. 


No.  88.]  AN  ACT 

To  enable  the  guaixlian  of  Francis  M.  Brown  to  remove 
the  guardianship  of  his  said  ward  to  Macon  county. 

SECTioisr  1.     Be  it  enacted  hy  the  Senate  and  House  of 

Representatkes  of  the  State  of  Alabama  in  General  Assembly 

Judge  or  probate  convened,  That  the  judge  of  probate  of  the  county  of 

;'^',^*f^^f|°pjf7f  Montgomery  be  and  he'is  Iiereby  required  to  cause  one 


acts 


Of  guardian- copy  to  bc  luadc  aud  duly  certified,   ot  all  the  acts  and 
^"^''  doings  of  record  in  said  county  of  Montgomery,  respect- 

ing the  guardianship  of  the  estate  of  Francis  M.  Brown, 
a  niinor,  and  deliver  the  same  to  Benjamin  Thompson, 
who  is  the  guardian  of  said  ward. 
Probate  jiidjre of     Sec.  2.     Bc  it  fiirthcr  euactcd,  That  so  soon  as  the  said 
maurreTonfami exemplification  shall  be  delivered  over  to  the  judge  of 
to  take  jurisdic- p,,^,lj^^j.g  Qt' the  county  of  Macon,  the  same  shall  be  re- 

HOD.  X  V  /•      X  r 

corded  by  the  said  judge  of  probate  of  Macon  county, 
in  the  proper  books  of  his  office,  and  it  shall  be  full  au- 
thority for  the  said  judge  of  probate  of  Macon  county  to 
proceed  with  the  business  of  the  guardianship  of  said 
estate  in  all  matters  as  if  the  guardianship  had  com- 
menced in  his  court. 


73  1861. 

Sec.  3.     Be  it  further   enacted.,  That  from    and  after  cioso  of  fruani- 
saicl  exemplification   is   filed    and  recorded  in  Macon  g'llmci.'y.'"'^""'" 
county,  as  aforesaid,  tlie  guardianship  shall  close  and 
determine  at  the  said  county  of  jMontgomery  :  Provided, 
abc(i>/s,  That  all  expenses  that  now  are  or  may  be  due  ah  expenses  in 
in  the  county  of  Montgomery,  connected  with  'the  said  bL^'S""*  ''' 
guardianship,  shall  be  paid  by  the  said  guardian  on 
receiving  said  exemplification  from  the  said  judge  of 
probate  of  Montgomerj'  county:  Provided,  That  before 
this  act  shall  become  operative,  the  sureties   of  said^s^pnt  of  sure- 

r  iiijii-       ti  it:  c  1        r        •  ^  ties  required. 

guardian  shall  file  m  the  onices  or  each  or  said  coun- 
ties their  assent  in  writing  to  the  provisions  of  this 
act,  and  to  the  removal  of  said  guardianship,  or  the  said 
guardian  shall  give  a  new  guardian's  bond,  to  be  ap- 
proved by  judge  of  Macon  county." 
Approved,  February  8,  1861. 


No.  89.]  AN  ACT 

To  nuthorize  a  removal  of  the  Administration  of  the 
estate  of  Thomas  J.  AValker,  deceased. 

Section  1.     Be  it  enacted  b>/  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  AsscmlJbi 
convemd.  That  John   M.   McClanahan,  as  the  ju<lge  ofj^^'^^^^/^^ff^,^ 
the  probate  court  for  the  county  of  Shclbv,  be  and  he  from    sheiby 

•      11  -I'll  li  *^i.ii       county,  Ala.,  to. 

IS  hereby  authorized  and  empowered,  to  grant  and  make  Ashiey  couaty, 
an  order  transferring  and  removing  the  administration'^'"'^""*'**' 
of  the  estate  of  Thomas  J.  Walker,  deceased,  from  the 
probate  court  of  said  county  of  Shelby  to  the  probate 
court  of  the  county  of  Ashle^',  in  the  State  of  Arkansas, 
upon  the  production  of  a  transcript  of  the  record  of 
the  ]»robate  court  of  said  county  of  Ashley,  certified  by 
the  judge  of  said  court  under  the  seal  of  the  same, 
sliowing  the  ai)pointment  of  an  administrator  upon 
said  estate,  the  execution  of  a  good  and  sufficient  bond 
in  double  the  value  of  said  estate  with  sureties  to  be 
approved  by  the  judge  of  the  probate  court  of  said 
count}'  of  Ashley. 

Sec.  2.     Be  it  further  enacted,  That  upon  the  granting  whon  or.ier  u 
and  making  the  order  provided  for  in   the  precediiig^[""j'';^ky'Ce're- 
section,  the  administrator  appointed    by   the   probate  ™°'''<*- 
court  for  tlie  county  of  Ashley,  in  the  State  of  Arkan- 
sas, be  and  he  is  hereby  authorized  and  empowered,  to 


1861.  74 

remove  from  the  count}'  of  Slielb}'  to  Ashle}' county  in 
the  State  of  Arkansas,  tlie  property  belonging  to  said 
estate  of  Thomas  J.  Walker,  deceased. 
Duties  required     Sec.  3.     Bc  U  farther  enacted,  That  upon  the  granting 
ufdc-e' of TsliTcy  ^^'  ^^^^  Order  provided  for  in  the  first  section  of  this 
c(ftinty,  Ark.      act,  it  sluill  be  the  duty  of  the  judge  of  probate  for  the 
county  of  Shelby,  to  make  a  full    and    complete   tran- 
script  from   the    records  of  said    court,  of  everything 
appertaining  to  the  administration  of  the  estate  of  the 
said  Thomas  J.    Walker,  deceased,  b}^  him,  under  the 
seal  of  said  court,  and  forward  the  same  to  the  judge  of 
the  probate  court  for   the   county  of  Ashley,  state  of 
Arkansas. 

Approved,  February  8,  1861. 


No.  90.]  AN  ACT 

To  remove  the  Administration  of  the  estate  of  Thomas 
Green,  from  the  county  of  Winston  to  the  county  of 
Lawrence  in  this  State. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
Removed    itom convmcd.  That  froui  aud  after  the   passage  of  this   act, 
rence county.*'^  the   administration    of   the    estate  of  Thomas    Green, 
deceased,  be  and   the   same   is    hereby   removed   Irom 
Winston  to  Lawrence  county  in  this  state. 
Probate  judge  of     g^c.  2.  Bc  it  furtkcr  cnactcd^  That  the  court  of  probate 
i^HsXtiou. ''  ^for  the  said  county  shall    take  jurisdiction  of  said  ad- 
ministration, and  that  the  administrator  of  said  estate 
shall  be  required  to  give  bond  and  account  and  make 
settlement  with  the  said  court  of  probate  as  required 
Assent  of  sure- by  law  ill  othcr   cases  :  '■'■Provided,  That  the  sureties  of 
ties  required.     ^^^  ^.^-j  administrator   shall   first  file   their   assent   in 
writing  to  the  provisions  of  this  act,  in  the  probate  court 
of  Winston  and  Lawrence  county." 
Approved,  February  8,  1861. 


ircd 
rator 


T5  1861. 

No.  01.]  AN  ACT 

To  give  the  Judge  of  Probate  of  Dallas  county,  juris- 
diction over  the  estate  of  Robert  Craig,  deceased, 
late  of  Sumter  county. 

Sectiox  1.  J3e  it  enacted  hy  the  Senate  and  House   of 
Heprefieittath'es  of  the  iStufe  of  Alahaina  in  General  Assonhly 
conccimL  That  whenever  James  D.  Craig,  administrator,  ^V"'f\''?i" 
With  the  will  annexed  ot  Kobert  Craig,  late  ot  feumterber..r.-   the 
count}',  deceased,  shall  have  made  a  settlement  in  theBeuieii^nt™and 
probate  court  of  Sumter  county,  of  his  administration  p"^'  '^^^^^' 
of  said  estate  as  far  as  he  shall  have  administered  the 
same,  and  shall  have  paid  the  costs  accrued  in  said  court, 
it  shall  be    the    duty  of  the    probate  judge  of  Sumter 
county,  upon  the  application  of  said    administrator,  to 
transmit  to    the   probate    court  of  Dallas   county    the 
original  papers  on  file  in  his   office   pertaining  to   said 
estate,  and  a   certified  copy  of  all    orders,  entries   and 
decrees  on  the  minutes  of  his  court ;  and  thereupon  the  nuiies  of  ju.iee 
probate  court  of  Dallas  county  shall  have    as    full    and  ilaUaTcounty."'^ 
complete  jurisdiction    of  said    estate,  as   though    said 
decedent  had   died    resident  citizen  of  said   county  of 
Dallas:  Provided,  That  before  this  act  shall  take  effect.  Assent  of  suro- 
the  sureties  on  the  officiifl    bond  of  said  administrator*'^^'"'"'"''"**- 
shall  file  their  written  assent  to  the  provisions  of  this 
act,  in  the  probate  courts  of  Dallas  and  Sumter  counties, 
or  in  default  of  such  assent  a  new    bond    be  given   by 
said  administrator,  to  be  ajjproved  by  the  probate  judge 
of  Dallas  county. 

Approved,  January  29,  1861. 


No.  92.]  AN  ACT 

To  authorize  Benjamin  II.  Micou  to  settle  his  accounts 
as  Guardian  in  the  Probate  Court  of  Montgomery 
count3-. 

Section  1.     Be  it  enacted  hy  the  Senate  and  House  of 
Rcpresentaticcs  of  the  State  of  Alahama.  in  General  Assembly 
convened.  That  the  })robate  court  of  Montgomery  county  Proccniings   in 
shall    have    authority    and    jurisdiction    to    settle   tlieKlra.'i'HfcrVeri'o 
accounts  of  Benjamin  II.  Micou,  as   guardian  of  Clara ^'^''''K""*"^  ***• 
E.  Micou,  and  that    any  proceedings    had    or   done    in 


1861.  76 

relation  to  such  guarclianship  in  tlie  probate  court  of 
Tallapoosa  county  may  be  transferred  to  the  probate 
court  of  Montgomery  county,  b}'  filing  in  said  court  a 
duly  certified  transcript  of  such  proceedings. 
New  bond  to  be  Sec.  2.  Be  U  further  enacted,  That  said  probate  court 
guardian.  of  Montgomery  county  shall   not   take  jurisdiction  of 

said  matters  of  guardianship  until  the    said   Benjamin 
H.  Micou  shall  file  new  bonds  aa  guardian,  to  be  taken 
and  approved  by  the  judge  of  probate  of  Montgomery 
county,  and  filed  in  the  office  of  said  judge. 
Approved,  February  8,  1861. 


Xo.  93.]  AN  ACT 

To  authorize  the  Commissioners'  Court  of  Coosa  county 
to  issue  Bonds -of  said  county,  for  the  relief  of  the 
suffering  citizens  of  said  county. 

Section  1.     Be  it  enacted  h\j  the  Senate  and  Souse  of 

Hepresentatives  of  the  State  of  Alabama  in  General  Assemble/ 

Issue  of  ^onis cQ'jij^gncd,  That  an  election  shall  beheld  in  the  county  of 

to  be  determined  ir>  n  r         i  ^  \  r         i  i  11 

by  election.  Coosa  ou  the  first  Monday  of  March  next,  by  the  legal- 
ly qualified  electors  of  said  county,  for  the  pni'pose  of 
deciding  whether  they  are  in  favor  of  issuing  the  bonds 

_,,   ,.     ,  ,      hereinafter  mentioned.     Said  election  shall  be  governed 

Election  to  be     .  •         r-  •  1 

conducted  as    m  all  rcspccts  by  the  laws  now  in  force  governing  the 

sheriff,'&c.  ^"^    election  of  sheriffs,  clerks,  &c.,   and   those  in  fiivor  of 

issuing  the  bonds  shall  deposit  a  vote,  on  which  shall 

be  written,  or  printed,  "In  favor  of  issuing  bonds,"  and 

those  opposed,  "Opposed  to  issuing  bonds," 

If  tbe  issue  is     Sec.  2.     Bc  it  furthcr  enacted,  That  in  the  event  said 

mi'^i'oiu^t' may  election  sliould  result  in  favor  of  issuing  said  bonds,  the 

issue  bonds  not  ^.o,-y^|^^jggiQi^ej.g'  court  of  Said  county  may  issue  the  bonds 

amount  $50,000.  of  tlic  Said  couuty  for  such   amount  as  they  may  think 

best  for  the  interest  of  the  county,   not  to  exceed  fifty 

thousand  dollars,  having  not  more  than   five  years  to 

Coupons.  run,  with  the  proper  coupons  attached,  for  the  payment 

of  the  interest  thereon,  at  eight  per  centum  per  annum, 

at  the  office  of  the  county  treasurer  of  said  county,  at 

the  end  of  each  year  from  the  time  of  the   sale  of  said 

Coupons  receiv- bonds,  respcctivcly  ;  and  the  coupons  shall  be  received 

of^co\mtyTu'e"!i''i  P'^yJ^i en t  of  county  dues,  and  shall  be  numbered  to 

correspond  with  their  respective  bonds. 


77  1861, 

BeC.  3.     ]ie  a  farther  enacted,  That  said  commission- ?ii>-ciai  tax  to 
ers'  court  sliall  lay  a  tax  at  the  same  term  of  the  court  mee't  bonV  &c! 
at  which  tlicy  decide  to  issue  bonds,  for  the  special  pur- 
pose of  providing  a  fund  to  meet  said  bonds  at  their 
maturity;  and  said  fund  so  raised  shall  be  liable,  first, 
to  make  good  the  amount  of  interest  due  on  said  bonds, 
at  the  end  of  each  3'car,   by  paying  whatever  amount 
the  county  has  taken  up  in  the  payment  of  county  dues, 
and  to  the  holders  of  the  coupons.     Said  bonds  shall  be 
numbered  from  No.  1  up  to  the  last  one   issued,  and 
may  be  in  sucli  sums  as  the  said   court  shall  think  pro- r.onds  to  be  for 
per,  and  the  surplus,   over  and    above   what   may   be  ^.^'.^^^j'''™*^,^^  *^'^. 
necessary  to  meet  the  3'early  interest  on   said  bonds,  f^<^'- 
may  be  put  at  interest  with  any  person  or  ptersons  res- 
ident in  said  county,  who  will  give  a  note  with  at  least 
two  good  securities,   for  such  time   as  said  court  may 
think  [ii'oper,  not  inconsistent  with  the  objects  of  this 
act;  and  the  court  aforesaid  shall  provide,   in   the  body 
of  said  bonds,  for  the  right  to  call  them  in  at  any  timej^.;',';;.'*  .^''^y  ^ll 
they  think  proper,  b}'  paying  the  principal  and  interest 'li^L-rction  of  the 
then  due. 

Sec.  4.     Be  it  further  enacted,  That  the  bonds  issued  r.on.is  not  to  bo 
by  said  court,  under  the  provisions  of  this  act,  may  l)e  ^;^'^^ -''^ '^"^^  "'*" 
sold  b}'  said  court,  at  any   sum   the}'    can  get,  not  less 
than  par,  and  the  proceeds  shall  be  used  by  said  court 
in  the  mannerhereinafter  provided,  and  in  no  other  man- 
ner; and  the  money  arisins;  from  the  sale  of  them  shall  Money  to  be  paid 

T  .   ,    .  ,  "^  ~  >       1  1  11  1  '"  county  trcas- 

be  })aid  into  the  county  treasurers  hands,   and  lieandurer. 
his  securities    on  his  official   bond  shall  be  responsible 
for  the  safe-keeping  and  pa^-ment  of  the  same. 

Sec.  5.     Beit  farther  enacted.  That  said  commission- Trustees  to  be 

,  111-1  -11  •  1    appointed     in 

ers  court  shall  appoint  three  suitable  persons  in   each  ciicii  beat,  to 
beat,  to  act  as  trustees,  whose  duty  it  shall  be  to  loan  w"ir"rhead8 
puch  portion  of  the  proceeds  of  said  bonds  as  said  court  "'^  lamiues. 
may  allot  to  each  beat,  to  each  liead  of  a  family,  who 
will  give  note  and  two  good   securities,  in  sums  not  to 
exceed  one  hundred  dollars,  having  not  longer  than  the 
first  day  of  January,  18t)2,  to  run  :  Provided,  The  person 
ap|)lying  for  said  loan  shall  first  satisfy  said  trustees  that 
said  loMii  is  necessary  to  enable  him  or  her  to  purchase 
provisions,  to  carry  on  his  or  her  business  for  the  year 
IbGl.  ' 

Sec.  6.     Be  it  further  enacted.  That  the  trustees  afore- Money  lo  be  do. 
said  shall  be  required  toinvestigatc  the  condition  of  any  genVpef»onr.' 
indigent  people  in  their  respective  beats,  and  report  the 


1861.  78 

same  to  the  commissioners'  court  of  said  connt}^;  and 
thereupon  said  court  shall  award  to  such  indigent  per- 
sons, out  of  any  money  not  otherwise  appropriated,  in 
the  county  treasury,  or  any  money  realized  l3y  the  sale 
of  the  bonds  aforesaid,  such  sums  as,  in  their  judgment, 
may  be  necessary  for  his  or  her  support,  until  the  first 

Compensation  of  day  of  September,  1861  ;  and  said  trustee  shall  be  enti- 
tled to  such  compensation  for  their  services,  under  this 
act,  as  said  court  may  think  proper  to  allow  them. 

No  property  ex-     Sec.  7.     Bc  it  farther  enacted.    That  the   person  for 

crnpt  irom   sale      ,  ii/->  i-tt 

under  this  act.    whom,  or  whosc  benefit,  any  money  is  obtained  under 
this  act,  shall  be  the  first  signer  of  the  note,  and  all  his  or 
her  property  shall  be  liable  for  the  payment  of  said  note, 
without  any  exemption  under  the  homestead  law,  or 
Notes  payable  to  poor  debtors  law,  of  this  state,   and  the  notes  shall  be 
-hi"  dui'y tr^i- niade  payable  to  the  person  who  is  county  treasurer  of 
leet  them.        Coosa  couuty  for  the  time  being,  and  to  his  successors 
in  office,  and  shall  be  collected  by  him  as  soon  as  prac- 
ticable after  the  same  falls  due,  and  the  proceeds  paid 
into  the  county  treasuiy,  and  applied  to  the  payment  of 
said  bonds  and  interest,  as  soon  as  collected, 
fo"kfri«or^d^ol     Sec.  8.     Be  it  further  enacted,  That  the  judge  of  pro- 
bonds  issued  and  bate  for  said  county  of  Coosa,   shall  keep  a  complete 
notes  taken.       j-ecord  of  the  bouds  issued  under  this  act,  showing  the 
amount  of  each,  and  to  whom  sold ;  the  notes  taken  on 
account  of  moneys  loaned  under  this  act,  showing  the 
names  of  the  makers,  dates,  and  amounts;  and  he  shall 
also  keep  a  full  and  complete  record  in  said  book  of  all 
that  is  done  under  the  provisions  of  this  act,   by  said 
commissioners'  court. 

Approved,  February  8,  1861. 


E"o.  94.]  KE  ACT 

To  authorize  the  Commissioners'  Court  of  the  Counties 
of  Bibb  and  Perry  to  provide  relief  in  certain  cases. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Rejwesentatives  of  the  State  of  Alabama  in  General  Assembly 

Commissioners'  convencd.  That  until  the  first  day  of  September   next, 

court  to  purchase  I  ,  <?  j_  ••pi  .  h 

provisions     for  tlie  courts  ot  couuty   commissioncrs  01  the  counties  or 

lue destitute,     -q-^^^^  ^^^^j  Perry  in  this  state,  are  hereby  empowered  to 

contract  for  and  pui-chase  whatever  food  and  provisions 


79  1861. 

raay  be  necessary,  up  to  said  date,  to  reliev^e  and  sustain 
the  destitute  in  their  counties,  who  are  unable  to  pro- 
vide the  same  for  themselves. 

Sec.  2.  Be  it  farther  aiacied.,  That  in  oi'der  to  raise  P""<i»  may  be 
the  funds  to  carry  into  effect  the  foregoing  section,  iufunUB. 
counties  where  otlier  means  are  not  at  command,  said 
courts  of  county  conimissionei'S  are  furtlier  empowered 
to  i^sue  bonds,  signed  by  the  members  of  said  courts 
respectively,  (or  by  so  numy  of  them  as  favor  the  exer- 
cise of  the  powers  in  this  act  conferred,)  attested  by  the 
seal  of  the  probate  court- of  the  county,   which  shall  »onds  bear  in- 

1  •     i  r      ^  xl  i  i?      •     1   1.  A.  lereat  of   8    per 

hear  interest  at  the  rate  oi  eight  per  cent,  per  annum,  ccui.i>»raunilin. 

payable  semi-annually,  for  which  coupons  shall  be  issued, 

signed  and  attested,  as  aforesaid,  which  bonds  shall  ma- Maturity      of 

ture  at  a  period  or  periods  of  time  not  exceeding  three ^"'"'^"""""'°^ 

3'ears  from  date,  and  shall  be  sold  under  the  direction 

•of  said  court,  on  such  terms  as  they  in  their  discretion 

may  deem  best. 

bEC.  3.     Be  it  further  enacted,    That  said  courts  of  special  tax-not 

.      .  "^  ,      '        .  ,      .  .to   exceed  state 

county  commissioners  may  levy  m  their  respective  tax. 
counties,  such  taxes  as  they  may  deem  proper,  not  ex- 
ceeding the  amount  of  the  state  tax,  to  raise  revenues 
to  pay  oif  said  bonds  and  coupons,  and  the  said  bonds 
and  coupons  shall  be  a  lien  on  the  taxes  levied  for  such 
purpose,  and  all  other  county  purposes,  and  on  all  county 
property,  until  the  same  are  paid  olf  and  discharged. 

Sec.  4.     Beit  farther  enacted.  That  to  secure  to  per- ^f'^'ie  ^J  J'^i"')- 

,.,1,1  ,,  1  n  .  r'       ^    •  •  T       i  i  '"'""     ft)"*!    '"'* 

sons  entitled  thereto  the  beneiits  of  this  act,  it  shall  i>roviwt>n«. 
be  the  duty  of  said  courts  to  appoint  as  many  respecta- 
ble citizens  of  the  several  counties  as  may  be  necessary, 
Avho,  without  pccuniaiy  reward,  shall  diligently  inquire 
into  the  condition  of  the  destitute  in  their  said  counties, 
and  from  time  to  time  report,  in  such  manner  as  said 
courts  may  direct,  the  result  of  their  investigations,  and 
said  courts  shall  furnish  such  relief  in  food  and  pro- 
visions as  they  may  deem  proper,  and  shall  appoint  all 
necessary  agents  to  make  the  purchases  above  provided 
for,  and  to  carry  into  full  and  complete  effect  the  true 
intent  and  meaning  of  this  act. 

Sec.  5.     And  be  it  farther  enacted.  That  the  commis-  commissioners 
sioners  of  said  courts  shall  be  the  judges  of  the  neces-<°f  m.i-Ji»siiy^f.f 
sity  and  propriety  of  granting  relief  in  all   cases  under  |[[,7pr"fvi/e 'for 
the   provisions  of  this   act;    and  they  may  order  the '■«P''>''"«°'- 
repayment  of  the  moneys  expended  by  them  in  all  cases 
they  may  deem  proper,  and  provide  therefor  by  taking 


1861.  80 

note  or  notes,  with  or  without  security,  payable  totheif 
respective  counties,  at  such  times  as  they  may  direct ; 
and  said  notes  shall  be  the'  property  of  their  several 
counties,  and  collectable  by  suit  in  their  names  betoro 
any  court  haying  jurisdiction. 
Approved  February  9,  1861. 


No.  95.]  AN  ACT 

To  aid  the  Alabama  and  Florida  Railroad  Company. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Representatives  of  the  State  of  Alabama  in  General  Assembly 

^loTteetMo  1  ,?an  co?2rc?uj(5?,  That  the  governor  of  the  state  of  Alabama  is 

the  roa.i  $30,000.  i^ei^e by  authorized  to  loan  to  the  Alabama  and  Florida 

Railroad  Company  tije  sum  of  thirt}'  thousand  dollars: 

M^S'tory*fote  P'^ofidcd,  That  Said  company  shall,  before  receiving  said 

^th  8  percent,  nione^',  execute  their  note,   with  satisfactory  personal 

security,  for  the  return  of  the  same  ;  said  note  to  be 

made  payable  three  years  after  date,  bearing  eight  per 

cent,  interest,  the   interest  to  be  paid  annually  :  And 

Company  uni\er vroV'ided  further.  That  said  company   shall  execute  an. 

obligation        to^ii...         "^s        ,,.        ^.  ,  ,*^         '^    .  -,  ■.  . 

compieteroad by  additional  oDligatiouto  compIcte  said   road,  so   as   to 

ist  June  next,    i^.^vc  the  samc  in  running  order  between  Montgomery 

and  the  Florida  line,  by  the  first  day  of  June,  eighteen 

hundred    and  sixty-one,   said    obligation  to   be  condi- 

V  tioned  to  return  the  money  to  the  state,  if  said  road  is 

not  completed  by  the  time  specified. 

Appuoved,  February  8,  1861. 


No.  960  ^^  ACT 

To  postpone  the  lien    of  the  State  of  Alabama  on  the 
Tennessee  and  Coosa  Railroad. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Bcprescniaiivcs  of  tJie  State  of  Alabama  in  Genend  Asscndjiy 

Written    absent  (.o,^yg,;(,(7    That  whcncver  the  Tennessee  and  Coosa  Rail- 

of  securities  and  •>    r^  i  i  i  /     i  •    • 

execution  of  a  road  Comoauy,  aud  each  and  every  one  oi  the  securities 

mortgage  by  llie  iiii/>'T  i  i 

coinijany,  nLces-upon  tlic  bouds  01  Said  couipauy,  now  made  or  here'- 
ti'le^  bl"nctits"of 'i-^ter  to  bc  made,  according  to  the  provisions  of  the  act 
tills  act.  of  the  general  assembly  of  the  state  of  Alabama  ap-' 


81  18C.1. 

proved  February  17,  1854,  entitled  "An  act  to  aid  the 
Tennessee  and  Coosa  Railroad  Company,"  shall  file  with 
the  comptroller  of  the  state  their  written  assent,  in 
proper  legal  form,  to  the  provisions  of  this  act  ;  and 
w'henever,  moreover,  (2)  the  said  Tennessee  and  Coosa 
Raih-oad  Company  execute,  in   proper   legal  form,   a  *" 

mortgage  deed  upon  the  iron  rails,  rolling  stock,  and 
equipment  which  the  said  company  has  or  thereafter 
may  have,  and  file  the  same  with  the  comptroller  of 
the  state,  it  is  hereby  made  the  duty  of  the  governor  of 
the  State  of  Alabama  to  notify  said  compau}^  that  tlie 
lien  in  favor  of  the  State  of  Alabama,  on  the  said 
Tennessee  and  Coosa  Railroad,  created  by  virtue  of  the 
several  mortgages  given  and  to  be  given  by  the  said 
company,  in  pursuance  of  the  aforesaid  act  of  the  gen- 
eral assembly,  approved  Februar^^  17,  1854,  and  also 
the  lien  of  the  state,  created  by  the  mortirac-e  of  the'/''"  ^''j'^'^  *!' 

'  «i  Co  favor    of    bond- 

iron  rails,  rolling  stock  and  equipments,  as  provided  to  I'ouers. 
be  given  in  this  act,  are  waived  and  postponed  in  flivor 
of  the  holders  and  purchasers  of  the  bonds  of  said  com- 
pany dated  the  first  day  of  November,  18G0,   for  one 
thousand  dollars  each,  and  not  exceeding  four  hundred 
in  number:  Procidal,  That  nothing  in  this  act  shall  be  company  ana  its 
so  construed  as  to  discharge  or  release  said  railroad  or  J.hai.'^eJ/'"°'f;|,'^" 
its  rails,  rolling  stock  and  equipments  from  the  lien  of  •'.'■•■'*''"'■   !'■?'''!'• 

'  O  .^11^  tio8  except  in  fa- 

said  mortgages,  except  in  favor  or  the  holders  or  pur-'^'Tof  uoicicrsof 

1  L-        •  \   ^       J.  ••  111  certain  bonds. 

ohasers  oi  said  last  mentioned  bonds. 
Approved,  February  2,  1861. 


No.  97.]  AX  ACT 

To  confer  upon  the  Intendent  of  tiietown  of  Rockford 
the  powers  of  a  Justice  of  the  Peace. 

Section  1.  Jie  it  enacted  by  the  Senate  and  J  louse  of 
Ilcprcscntntlces  of  the  State  of  Alabama  in  General  Assanbly 
convcnrd,  Tliat  hereafter  the  intendent  of  the  town  off'>i"tiimf!«  <iie 
Rockford  shall  have  all  the  rights  and  powers  wliich  lice "r the p«b"c. 
arc  by  law  conferred  upon  justices  of  the  peace ;  and 
that  any  or  all  laws  heretofore  jiasscd  creating  the  ofiicc 
of  a  justice  of  the  peace  for  the  town  of  Rockford  be 
and  the  same  are  hereby  repealed. 

Approved,  February  8,  1861. 
6 


4 


1861.  82 

Ko.  98.]  AN  ACT 

To  repeal  An  act  to  render  more  efficient  the  S3-stQm  of 
Free  Public  Schools  in  the  State  of  Alabama,  so  far 
as  it  relates  to  the  count}'  ot  Baldwin. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Mepresoitaiivcs  of  tJie  State  of  Alabama  in  General  Assembly 
convened,  That  sections  seven  and  eight  'of  an  act  to 
render  more  efficient  the  system  of  free  public  schools 
in  the  State  of  Alabama,  approved  February  24th,  1860, 
be  and  the  same  is  hereby  repealed,  so  far  as  it  relates 
to  the  county  of  Baldwin. 

Approved,  February  8,  1861. 


No.  99.]  A]!^  ACT 

To  compensate  jurors  of  Coroners'    Inquests   in   Dale 

county. 

SECTio>r  1.     Be.  it  enacted  by  the  Senate  and  Souse  of 

Bejiresentatives  of  the  State  of  Alabama  in  General  Assembly 

The  Jurors  ^\- coiivened,  That  from  and  after  the  passage  of  this  act, 

lar?  each  'for  that  j uTors  of  coroucrs'  inquests  be,  and  they  are  hereby 

ceruirMses/"  allowed  for  each  verdict  rendered  in  cases  where  the 

bodies  of  dead  persons   have   to   be  disinterred,  or   in 

cases  where  said  bodies   have   not   been   interred  but 

which  are  in    an  advanced   state  of  decomposition,  the 

sum  of  live  dollars  each  for  every  verdict  so  rendered. 

faw'^arother^^     ^^^'  ^'     ^'^  ^^  fuvther  cnacfed,  That  the  payment  of 
rors.  services  rendered  as  specified  in  the  first  section  of  this 

act,  be  subject  to  and  governed  in  all  respects  by  the 
law  now  in  force  in  relation  to  the  payment  of  other 
jurors. 
Repeal  clause.  Sec.  3.  Be  it  furtkcr  cnactcd,  That  all  laws  and  parts 
of  laws  militating  against  the  provisions  of  this  act  be 
and  the  same  are  hereby  repealed  :  Provided,  This  act 
shall  only  apply  to  Dale  county. 
Approved,  February  5,  1861. 


83  1861. 

Xo.  100.]  AN  ACT 

To  authorize  John   S.   Moragne  to  erect  a  dam  across 
Big  Wills  Creek. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Bcprcscntidivcs  ol  the  State  of  Alabama  in  (rcncral  Assembly 
convoied.    That  John  S.  Moragne,  his  heirs  and  assigns,  Autimrizes   a 
be  and  he  is   herebj*  authorized  to  erect  and  continue  fa'oTur'ing'pur- 
pernianently  a  dam  across  Big  Wills  creek  at  or  near  a''"***' 
place  known  as  Oren  M.  Sanson's  lish   trap,  in  section 
thirty-four,  (84)  township  eleven,  (11)  range  five,  (5)  in 
,4  DcKalb  county,uow  owned  by  the  said  John  S.  Moragne 
for  the  purpose  of  propelling  such  machinery  as  he  may 
deem  proper  to  establish  tbereoti  :  Provided^   The  said  nam  not  to  ex- 
dam  shall  not  exceed  six  feet  in  height,  and  shall  be  height!''  '^^'^' '" 
used  in  good  foith  for  the  purpose  of  propelling  such 
machinery. 
Approved,  February  8,  1861. 


No.  101.]  AN  ACT 

To    reinstate  Section  496  of  the  Code  of  Alabama,  so 
far  as  the  same  relates  to  Winston  county. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
liepreseutatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act  approved  2-3d  day  of  February,  aiiows  tax  roi- 
1860,  repealing  section  41^6  of  the    Code  of  Alabama,  ^.^ollenhnm^^^^^^^ 
so  far  as  relates  to  the  county  of  Winston,  be  and  the'"''r'r*'''''''^"' 

-  I  T      T  1  *^  I  •  ,  seal    01    pcivcrn- 

same  18  hereby  repealed,  and  that  said    section    4U6  of""^"'-(SecCodc) 
the    Code  be  and   the   same  is   hereby  reinstated   and 
made  applicable  to  said  county. 
Approved,  February  5,  186i. 


No.  102.]  AN  ACT 

To  prevent  the  destruction  of  fish  in  Tennessee  river. 

Skctiov  1 .     Be  it  ennotrd  hy  the   Sfnate  and  Hunne  of 
RepresodatircR  of  the  tStatu  <f  AlaT)ama  in  Gen^'ral  As«emUy 
convened,  That  from  and  after  the  passage  of  this  act,  itr"'*''  ""i  '<>  '•<• 
shall  not  be  lawful  for  any  person  to  take  fish  by  means  orVJin*"''  "** 


1861.  84^ 

of  any  seine  or  net  in   the  Tennessee  river,  or  in  any 
tributary  of  the  same,  within  one  quarter  of  a  mile  of 
the  point  where  such  tributary  empties  into  the  said 
river. 
For  violation,  a     Qec  2.     Be  it  furthcT  eiiacted.  That  any  person  viola- 

flnc  of  one  bun-    .  ,  .    .  •'  ,.     i  ^  .  "     K  i      1 1     i 

dred dollars,  ting  the  provisious  ot  the  loregoing  section  shall  be 
held  guilty  of  a  misdemeanor,  and  on  conviction,  shall 
be  fined  one  hundred  dollars  for  each  violation:  Provided^ 

Rights  of  people  That  uothiuji:  herein  contained  shall  be  so  consb'ued  as 

of      Lauderdale  i^  .    .  _  .        ^  _  - 

not  affected  bytoprcvcnt  the  citizcus  ot  Lautlei'dale  county  irom  the 
exercise  of  all  the  privileges  they  now  enjoy  in  taking 
fish  ou  the  Lauderdale  side  of  the  Tennessee  river,  or 
in  any  of  the  tributaries  of  said  river  flowing  through 
said  county  of  Lauderdale. 
Approved,  February  6,  1861. 


No.  103.}  AN  ACT 

To  authorize  the  owners  of  Steam  Grist  Mills  in  the 
county  of  Sumter  to  take  the  sixth  as  toll  for  grinding. 

Section  1.     Be  it  enacted  hy  the  Senate  and  House   of 
Mejn'esentatives  of  the  State  of  Alabama  in  General  Assembly 
One-sixth  taken  cOit; re?? ec/,  That  from  and  after  the  passage  of  this  act, 
''''""■  it  shall  be  lawful  for  the  owners  of  steam  grist  mills  in 

the  county  of  Sumter  to  take  the  sixth  as  toll  for  grind- 
ing. 
Liabilities  same      Sec.  2.     Bc  it  further  cjiacted,  That  the  owner  of  any 
laV 'upo^n^other  steam  grist  mill  in   said  county  taking  the  benefit  of 
mills.  -j-j^ig  r^Q^^  shall  be  liable  to  all  the  pains  and  penalties 

imposed  by  law  upon  the  owners  of  public  grist  mills 
in  the  State  of  Alabama. 
Approved,  January  25,  1861. 


No.  104.]  AN  ACT 

To  change  the  name  of  the  "Andrew  Jackson  Guards," 
of  Tallapoosa  county. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Be2-)resentatlves  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  name  of  the  "Andrew  Jackson  Guards" 


85  1861. 

of  Tallapoosa  county,  be  changed  to  that  of  the  "  Tal- changed  to ;'Tai- 
lapoosa  Rifle  Company,"  and  by  that  name  may  here-  comiany."'  *^ 
after  sue   and  be  sued,  and  do  and    perform   all  acts 
authorized    under  the    act  of  incorporation,   approved 
February    21st,  18G0,    entitled   An  act  to  incorporate 
sundry  volunteer  companies. 
Approved,  Februar}*  5,  1861. 


No.  lOo.]  AN  ACT 

To  compensate  William  Skinner  and  J.  S.  Clark. 

Skction  1.     Be  it  enacted  bif  the  Senate  and  House  of 
Hcprcsentatives  of  the  State  of  Alabama  in  General  Assemble/ 
convened,  That  the  comptroller  be  and  he  is  hereb}'  re- Pay  for  prosccut- 
quircd  to  draw  his  warrant  upon  the  treasurer  for  two'""  'i  murderer, 
hundred  dollars,  in  favor  of  William  Skinner  and  James 
S.  Clark,  as  a  reasonable   compensation  to  them  for  the 
prosecution  of  the  murderer  of  Benj.  Rollins  to  convic- 
tion and  the  penitentiary:  Provided,  That  the  said  sum 
shall  be  paid  out  of  the  monc^''  escheated  to  the  state 
of   Alabama :     ^Provided,     That     the    parties     named  Parties  to  g.Te 
in   this  act   shall    first   give  bond,  in  the    sum   of  two  ""*' 
hundred  dollars  each,  to  be  approved  by  the  comptroller, 
conditioned  to  save  the  state  harmless  against  the  claims 
of  heirs  or  distributees. 

Approved,  February  8,  1861. 


No.  106.]  AN  ACT 

To  establish  a  Medical  Board  in  St.  Clair  County. 

Section  1.  Pe  it  enacted  bj/  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Doctors  W.  II.  Benson.  A.   W.  Nixon,„„.    .   ,„ 

mrTT  11         -Ti         TT^T.  -I  /-A*  '  Moml>ers  of  the 

1.  L.  liaminond,  JiCvi  Lloyd,  R.  V  rceman,and  Q.Acton, ''"«'-'i- 
they  and  their   associates  and  successors  in  office,   are 
hereby  constituted  a  board  of  physicians  for  the  countv 
of  St.  Cliiir,  to  be  known  as  the  ist.  Clair  County  Med- 
ical Board,  and  they  or  a  majorit}"  of  them  are    author-  omcaDi-powor. 
ized  to  elect  such  officer  or  officers  as  they  may  deem  ^^^^^^'*^'^ 
necessary  to  a  proper  discharge  of  the  duties  of  said 


1861.  86 

corporation;  and  a  majority  of  said  board  shall  consti- 
tute a  c^uoruni,  who  shall  have  power  to  fill  vacancies, 
caused  by  death,  resignation  or  otherwise,  or  discharge 
any  and  all  other  business  incumbent  on  said  board  as 
in  law  provided  for. 

Time  and  place  Sec.  2.  Be  it  further  enacted.  That  said  board  shall 
"'  meet  at  Ashville,  in  said  county,  on  the  first  Monday 
in  April  next,  and  at  such  other  times  as  they  may  de- 
sire, having  the  power  to  regulate  their  meetings  to 
suit  their  own  convenience,  and  the  president  of  said 
board  shall  have  power  to  call  extra  meetings  when 
necessary. 

Jurisdiction.  Sec.  3.  Be  it  farther  enacted.  That  the  jurisdiction  of 

said  medical  board,  in  the  exercise  of  its  privileges  and 
duties,  shall  extend  over  the  county  of  ^t.  Chiir,  and 
license  granted  shall  be  good  and  valid  in  all  parts  of 
the  state. 

Who  shall  be  ai-     8ec.  4.  Bc  it  further  enacted,  That  no  person  shall  be 

lowed  to  practice     tt  ■•    ,  ..  ^•    •  •  •  \  , 

allowed  to  practice  medicine  or  surgery  in  said  county 
unless  he  be  licensed  by  said  board,  or  unless  such  is  at 
this  time  a  practicing  physician,  or  a  graduate  of  some 
respectable  college,  or  has  a  license  troni  some  medical 
board  in  this  state. 
Not  to  affect  bot-     Sec.  5.  Bc  it  furthcr  cnactcd,  That  nothing  in  this  act 
dnica  pijsicians  g|^^||  ^^  ^^  coustrucd  as  to  aftcct  tliose  who  may  practice 
the  botanical  system  as  now  regulated  by  law. 
Appruved,  January  20,  1861. 


No.  107.]  AN  ACT 

To  authorize  Talbot  Adams  and  Andrew  Lyon  to  con- 
struct Gates  across  the  Vienna  and  Cooksvillc  Road 
in  Pickens  county,  and  to  amend  Section  1177  of  the 
Code. 

Section.  1.     Be  it  enacted  hy  the  Senate  and  House  of 

Bepreseritatives  of  the  State  of  Alabama  in  General  Asscnibly 

'  convened,    That  Talbot  Adams  and  Andrew  Lyon,  of 

Pickens   county,  be  authorized  to  put   up   two  gates 

across  the  public  road  leading  from  Vienna,  Alabama, 

Gates  to  be  kept  to   Cooksvillc,  Mississippi:  Provided^  Said  gates  shall 

in  repair.  aUvays  bc  kept  in  good  repair,  and  be  so  constructed  as 

to  be  easily  opened. 


87  1861. 

Skc.  2.  Be  it  further  enacted.  That  section  eleven  co.u- amomiod. 
Jiuiulred  and  seventy-seven  (11"T)  of  the  Code  be 
amended  b}'  striking  therefrom  after  the  word  'Mand" 
in  the  second  line  thereof,  the  words  "on  any  navigable 
stream,  or  stream  declared  hy  law  to  be  a  public  high- 
way." 

Approved,  January  29,  1861. 


No.  108.]  AN  ACT 

The  more  eftectually  to  secure  Subordination  among 
Slaves  in  the  County  of  Shelby. 

Section  1.  JBe  it  enacted  hij  the  Senate  and,  House  of 
Rcpresenta.tires  of  the  State  of  Alabama  in  General  Assembb/ 
converted.  That  from  and  after  the  passage  of  this  act,  No  slaves  but 

,  ,.      ,  ,.  1      'i  I    1  "j-i.     1  "'"'   allowed    to 

no  number  ol  slaves  exceeding  one  shall  be  permitted  reside   on  any 
to  live  or  reside  on  any  lands,  tenements,  or  plantation  (J.^^^fpj'^lrJ','^^^^^^  * 
iu  the  county  of  Shelby,  unless  somefree  white  person, 
as  owner,  overseer,  or  agent,  resides  on  the  place  with 
them. 

Sec.  2.  JDc  it  further  enacted.  That  an v  owner  of  slaves  one imndredtioi- 
vioiating  tlie  [trovisions  or  the  first  section  ot  this  act,  laUon. 
for  three  months  consecutively,  shall  be  liable  to  indict- 
ment, and  upon  conviction,  shall  be  fined  one  hundred 
dollars,  and  all  cost  of  suit,  which  fine  shall  be  paid 
into  the  county  treasury. 

Approved,  January  30,  1861. 


No.  109.]  AN  ACT 

To  compensate  jurors  upon  Coroners'  Inquests  in  the 
counties  of  Chambers,  Russell,  Montgomery  and  Au- 
tauga. 

Skctio.n  1.  IJc  it  enacted  hy  the  IScnate  and  Jfoust  of  Hcp- 
resentatires  of  tlie  State  <f  Alabama  in  General  AKscud>li/ 
convened.  That  from  and  after  the  passage  of  this  act,  Aiio«id    snmo 

,  I   •  r  1  •  i.     P«>'  »*  jurors  in 

jurors  summoned  upon  coroners   inquests,  according  to  circuit  court*, 
chapter  1,  title  3,  [tart  4,  of  the  Code  of  Alabama,  be 
allowed  the  same   pa}',  per  diem,  and  per  mileago,  as 
jurors  in  the  circuit  court  of  the  county  where  said  in- 
quest is  held. 


1861.  ♦  88 

Code  amended.  Sec.  2.  Be  it  farther  enacted,  The  compensation  of 
said  jurors  shall  be  paid  according  to  section  3483oftlie 
code  of  Alabama,  except  the  word  coroner  shall  be  sub- 
stituted in  the  place  of  clerk,  where  the  same  occurs  in 
said  section  :  Provided,  That  this  act  shall  apply  only  to 
the  counties  of  Chambers,  Russell,  Montgomery  and 
Autauga. 
Approved,  January  30,  1861. 


^o.  110.]  AJSr  ACT 

To  increase  the  pay  of  Grand  and  Petit  Jurors  for  the 
county  of  Dale. 

Section  1.     Be  it  enacted  hj  the  Senate  and  House  of 

Bepreseniatives  of  the  State  of  Alabama  in  General  Assembly 

Allowed  two  doi- co^ii/e/icf/,  That  grand  and  petit  jurors,  in  the  county  of 

lars  perday,  &c.  j)ale,  shall  hereafter  receive  two  dollars  each  per  day, 

also  the  mileage  and  ferriage  now  allowed  by  law,  all 

laws  to  the  contrary  notwithstanding. 

Approved,  January  31,  1861. 


Ko.  111.]  AN  ACT 

To  })a3'  for  the  hire  of  servants  for  the  General  Assem- 
bly and  the  Convention. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
Allowance  for  convcned,  That  the  secretary  of  state  be  allowed  the  sum 
of  one  hundred  and  sixty-five  dollars,  to  pay  for  servant 
hire  for  the  present  session  of  the  general  assembly  and 
of  the  late  convention  of  the  people  of  Alabama;  and 
that  the  comptroller  of  public  accounts  is  hereby  author- 
ized and  required  to  draw  his  warrant  on  the  state  treas- 
urer for  the  above  amount,  in  favor  of  the  secretary  of 
state. 
Approved,  February  9,  1861. 


servant    hire. 


80  1861. 

No.  112.]  AN"  ACT 

To  compensate  White,  Pfister  &  Co.  for  stationery. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  oj 
Hej^Tcsentatives  of  the  State  of  Alabama  in  General  Asscmbhj 
convened.  That  the   comptroller  of  public  accounts  be  seven   hundre.i 

di'Ti  -lii  1-  i.  i.1       <li>llarsai)i)roi>ri- 

he  13  hereby  required  to  draw  his  warrant  upon  thCatei. 

treasurer  of  the  state,  in  behalf  of  White,  Pfister  &  Co., 

for  the  sum  of  seven  hundred  dollars,  for  stationery. 

ArrROVED,  February  9,  1861. 


K'o.  113.]  AK  ACT 

To  pay  W.  B.  k  A.  R.  Bell  &  Co.  an  account. 

Section  1.  Be  it  enacted  hj  the  Senate  and  House  of 
Itejnrsenfatives  of  the  State  of  Alabama  in  Genercd  Assenibb/ 
coneened,  That  the  sum  of  six  hundred  sixty-eight  and  ixv  for  fuel,  &c. 
60-100  dollars  be  and  is  herebj'  iipnropriated  out  of 
any  money  in  the  treasury,  not  otherwise  appropriated, 
to  pay  W.  B.  &  A.  R.  Bell  k  Co.  the  said  sum,  for  arti- 
cles furnished  for  the  capitol,  and  shall  be  drawn  from 
the  treasury  on  the  order  of  the  comptroller. 

ApriiovED,  February  9,  1861. 


-^o.  114.]  AN  ACT 

To  incorporate  the  Eufaula  Marine  and  Fire  Insurance 
Company. 

Section  1.  Be  it  enacted  h/  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
covvened.  That  there  shalTbe  established  in  the  city  ofC'i'-actcrof  u.o 

,'  .*'.       cotupany — name. 

Eutaula  a  company  for  the  purpose  of  transacting  the 
business  of  marine,  inland  and  general  insurance,  which 
company  shall  be  known  b}-  the  name  of  the  "Eufaula 
Marine  and  Fire  Insurance  Company,"  and  all  sucli  per- 
sons as  shall  be  stockholders  of  said  company,  and  their 
successors,  shall  and  may  have  continual  succession,  and 
shall  be  capable  in  law  of  suing  and  being  sued,  plead- 
ug  and  being  impleaded,  answering  and  being  answer- 


1861.  90 

ed  unto,defeiiding  and  being  defended,  in  all  courts  and 
places  whatsoever,  in  all  manner  of  actions,  suits,  com- 
plaints, matters  aud  cases    whatsoever,  and  they  and 
May  have  a  seal,  their    successors    may     have     a    common    seal,    and 
may    change    and    alter   the    same  at    pleasure ;  an 
also,   they    and    their    successors,    by    the    name    an 
title    of    the    "Eufaula    Marine    and    Fire   Insurance 
May  hold  and  Company,"    shall    be,   in   law,   capable  of  purchasing, 
of'Js?ate!''n"ayl^^^tling  aud  couvcyiug  all  kinds  of  estate  whatsoever, 
^j.*c^"^°'^^°J.'-;*^  real  and  personal,  for  the  use  of  said  corporation,  sub- 
dep'osits;  borrow ject  to  the  rcstrictious  hereinafter  named;  and  the  said 

money  and  issue  •         i  ,  i         •         i    ,         t  ,  ,  i       c, 

bonds, &c.  company  is  also  authorized  to  discount  notes,  drafts,  or 
bills  of  exchange,  either  foreign  or  domestic,  and  receive 
from  any  free  person  or  persons  deposits  on  trust,  and 
to  accept  all  such  trusts  as  may  be  conlidcd  to  it;  to 
borrow  money  and  issue  its  bonds  therefor;  to  invest 
its  money  or  other  property  in  anything  and  in  any 
manner  which  it  would  be  lawful  for  a  citizen  of  this 
state  to  invest  money  ;  and  the  said  property  or  securi- 
ties to  sell  and  transfer  at  pleasure,  or  it  may  loan  its 
money  or  other  property  to  any  person  or  persons,  on 
au}^  security  which  it  may  think  proper;  that  the  capi- 

Amount  of  cap- tal  stock  of  Said  Corporation  shall  be  one  hundred  thous- 

la  soc.  ^j^j  dollars,  with  the  privilege  of  increasing  the  sum  to 
three  hundred  thousand  dollars,  whenever  the  board  of 

Shares  one  hun-dii-ectors  dcem  it  expedient,  divided  into  shares  of  one 
hundred  dollars  each,  ten  dollars  on  each  share  to  be 
paid  at  the  time  ot  subscribing,  and  the  remainder  in 
such  instalments  as  the  directors  ma}^  appoint :  Provid- 
cd,howeoer,  That  the  first  boardof  directors,  to  be  chosen 
as  hereinafter  directed,  shall,  within  one  moirth  after 
their  appointment,  take  good  and  sufficient  security  for 
the  payment  of  the  said  remaining  amount  of  stock  un- 
paid at  the  time  of  subscribing,  as  aforesaid,  whenever 
it  shall  be  deemed  expedient  to  call  for  the  same. 

May  change  se-  ggc,  2.  Be  U  further  enacted.  That  it  shall  be  lawful 
for  the  president  and  directors  of  said  company-,  or  a 
majority  of  them,  to  alter  and  change  the  securities  as 
aforesaid,  from  time  to  time,  for  securities  of  the  same 
nature,  as  they  may  deem  expedient. 

Opening  books     Sec.  3.  Be  U  furtkcr  enacted,  That  the  subscriptions 

of  subscription,  gj^^l^  ^^  opened  in  the  city  of  Eufaula,  for  the  said 
shares,  between  the  first  of  March  and  October 
next,  and  the  first  day  thereafter,  under  the  superin- 
tendance  of  Edward  B.  Young,  E.  D.  Laney,  L.  F. 


91  1861. 

Johnson,  C.  R.  Woods,  John  W.  Clark,  James  T. 
Kendall,  Cohan  Gardner,  William  T.  Simi)son  and  G. 
L.  Allen,  or  any  three  of  them,  which  said  suhscrip- 
tion  sliall  continue  0[)cn  until  fifty  thousand  dollars  he 
suhscrihed,  hut  no  share  or  shares  shall  entitle  the  holder 
to  vote  at  any  election  unless  the  same  shall  have  heen 
held  bona  Jide  by  him,  or  her,  at  least  fifteen  days  next 
immediately  before  such  election. 

Sec.  4.     Be   it  further   enacted,    That   there   shall    be '''''^'™  :"!:'''="'"= 

1  T  1  1  1      n     1       1  1       1      ■  ,,,  r.       tfrmol  office,  Ac. 

chosen  seven  directors,  who  shall  hold  their  olhce  for 

one  year,  and  until  their  successors  shall  have  been  duly  ' 

qualified,  which  directors,  at  the  time  of  their  election, 

and  during  their  continuance  in  office,   shall  be  liolders 

in  their  own  right  of  at  least  ten  shares,  and  shall  be 

elected  annually  after' the  first  election,   at  the  oftice  of  Directors  elected 

the  said  company,  or  any  other  convenient  place  in  tho""""""-^'" 

city  of  Euiaula,  and  at  such  time  of  day  as  the  president 

of  the  company  shall  appoint,  of  which  election  notice  Nouee  of  eicc- 

shall  be  given  in  a  newspaper  published  in  the  city  ^f """' ''°^b'^«°- 

Eufaula,  or  by  notice  to  the  stockholders  respectively 

in  writing,  at  least  five  days  next  before  said  election, 

and  said  election  shall  be  by  ballot,  and  in  person  or  by 

proxy,  and  each  stockholder  shall  be  entitled,  for  every  Eaou share  enti- 

share,  to  one  vote;  that  if  no  election  takes  place  on '''"'' ^"""^^■*"^- 

any  such  day,  the  president  may  order  the  same  from 

time  to  time  until  the  election  beeiiected,  provided  the 

same  be  done  witliin  ninety  days  thereafter. 

Sec.  5.     Be  it  farther  enacted.  That  the  directors  of  now  first  <iiree- 

•1  •     ^ i.\        11      L.  i  1111  1  •      lors  sliall  bcclio- 

said  company,  in  the  first  instance,  shall  be  chosen  lUscn. 
the  following  manner,  viz  :  As  soon  as  fifty  thousand 
dollars  shall  have  been  subscribed,  the  said  Edward  B. 
Young,  C  B.  Laney,  L.F.  Johnson,  C.  R.  Woods,  John 
W.  Ctark,  James  T.  Kendall,  Colan  Gardner,  William 
T.  Simpson  and  G.  L.  Allen,  or  any  three  of  them,  shall 
appoint  a  place  in  the  cit}'  of  Eufaula  lor  the  proceeding 
to  the  election  of  the  seven  directors,  and  shall  give  at 
least  five  days'  notice  of  the  same,  in  a  newspaper  pub- 
lished in  said  city,  or  by  writing  as  aforesaid  to  the 
stockholders  respectively,  and  it  shall  be  lawful  for  said 
election  to  be  then  and  there  holdcn  l>y  the  subscribing 
stockholders,  b}'  ballot,  under  the  superintendence  of 
the  before-mentioned  persons,  or  any  three  of  them, 
and  the  persons  then  and  there  chosen  shall  be  the  first 
directors,  and  shall  serve  for  one  year,  and  until  their 
successors  shall  Ije  qualified  ;  that  tiiey  shall  meet  as 


1861.  92 

soon  as  convenient  after  their  election,  and  choose  out 
The  i.rcsiJent.    of  their  own  botly  a  president,  who  shall  serve  until 
another  board,  by  election,  be  qualified,  and  in  case  ot 
vacancy,  the  directors  shall  choose  another  of  their  own 
body  in  the  like  manner,  and  in  case  of  vacancy  in  the 
board,  the  remaining  members  shall  have  power  to  till 
the  same. 
Sake  by'iaw^        ^^^'  ^-     ^'^  ''  f^o^thfr   ciiactcd,    That    the    directors, 
rules  and  reg-    or  a  majority  of  them,  sliall  luivc  powcr  to  make,   pre- 
scribe and  alter  such  by-laws,  rules  and  regulations,  as 
shall  appear  to  them  needful  and  proper  for  the  man- 
agement and  disposition  of  its  stock,  property,  estate 
andeifects:  Provided^  They  shall  not  be  repugnant  to 
the  constitution  and  laws  of  the  state. 
General    insur-      gjjc^  J,     ]^q    h   farther    eii'tcted.    That   the   president 

ancc  powers.  ,  ..  •',  t-ii  f 

and  two  directors,  or  tliree  directors  in  the  absence  oi 
the  president,  shall  have  full  power  and  authority,  on 
behalf  of  the  corporation,  to  make  general  insurances 
on  vessels,  steamboats,  keel  and  flat  boats,  or  craft  of 
every  kind,  buildings,  freight,  cotton,  gin-houses,  and 
all  goods,  wares  and  merchandise,  and  to  flx  premiums 
for  the  same  ;  also,  to  transact  all  such  matters  as  ap- 
pertain to  an  insurance  company  ;  and  all  policies  by 
them  made,  subscribed  to  by  the  president,  or  two  direct- 
ors, and  countersigned  by  the  secretary,  shall  be  bind- 
ing and  obligator}'  upon  the  said  corporation,  in  like 
manner  and  with  like  force  as  if  under  the  seal  of  said 
corporation. 

Sec.  8.     Be  it  farther  enacted,  That  no  insurance  sliall 

be  made  until  the  securities  provided  for  by  this  act 

Failure  to  give  g]^ all  havc  bccu  givcu,  and  if  within  fifty  days  after  sub- 

aecunty    forleils  ...  ,        i   i      i  i  in  i       ^     .       ■•  •    t  i 

payment.  scnbiug  aiiy  stockholdcr  shall  neglect  to  furnisli  such 

security  for  tlie  stock  remaining  unpaid  on  each  share, 
he  or  she  shall  forfeit  his  first  ])ayment. 

Sec.  9.     Be  it  farther  enacted,  That  all  contracts  for 
the  payment  of  money  by  the  said  corporation,  shall  be 
under  the  seal  of  the  same,  and  shall  be  taken  to  ope- 
rate as  specialities  of  law. 
Charter  to  con-     Sec.  10.     Bc  it  farther  cnuctcd,  That  this  act  shall  con- 
years,  tinue  and  be  in  force  for  and  during  fifteen  years  from 
the  day  on  which  it  shall  be  approved  by  the  governor. 
Deposits  not  lia-      Sec.  11.    Bc  it  fuvihcr  enttctcd,  That  this  corporation 
company.''  '  "^  may  receive  deposits,  which  deposits  shall  not  be  liable 
for  any  debt  of  the  corporation. 

Sec.  12.     Be  it  farther  enacted,  That  the  capital  stock 


93  1861. 

and  property  of  said  company  shall  at  all  times  bo  lia--"=i"'k  au.i  pmp- 
ble  to  the  same  rate  of  taxation  as  the  property  of  indi-IaxaiionV 
vidnals  or  like  corporations  in  this  state. 

Sec.   13.     Be  it  fmihcr  enacted,  That  all  bonds,  bills  T.^'";'"y"'', 

1  •  1  11  y  n^  n     y         Ijoiulc,   bills.   &C. 

ana  promissoiy  notes,  made  payable  at  tlic  oTrice  of  the 
Eufaula  Insurance  Company,  shall  have  the  same  legal 
effect,  and  be  subject  to  the  same  legal  remedies,  as  if 
the  same  were  made  payable  in  or  at  a  bank,  or  banks, 
of  this  state:  Provided,  That  the  General  Assembly  may,  Restrictions, 
at  any  time  hereafter,  alter,  modify,  or  repeal  this  char- 
ter: And  provided  further,  That  nothing  contained  in 
this  act  shall  be  construed  as  conferring  upon  said  com- 
panj'  banking  powers  or  privileges  :  And  jyrovided fur- 
ther, That  no  bank  note  or  bill,  issued  or  made  by  any 
bank  created  or  established  by  the  antliority  of  any  of 
our  sister  states,  or  of  any  foreign  country,  sliall  be  paid 
out  under  any  circumstances  by  the  company  created 
by  this  act,  or  by  any  of  its  officers  or  agents,  under  the 
penalty  of  forfeiture  of  the  charter  by  this  act  created. 
Approved,  February  9,  1861. 


No.  115.]  AN  ACT 

To  incorporate  the  Eufaula  Home  Insurance  Company. 

Section  1.     Be  it  enacted  b^i  the  Senate  and  House  of 
Representatives  of  the  State  (f  Aid >ama  in  General  Assembly 
convened.  That  Edward  B.  Young,  William  T.  Simpson,  incorporator?. 
John  W.  Clark,  Clayton  11.  Woods,  Charles  D.  Laney, 
John  McNab,  A.  Stow,  N.  M.  Hyatt,  J.  G.  L.  Martin, 
and  their  associates,  be  and  the}'  are  hereby  constituted 
a  body  corporate,  under  the  name  and  style  of  "  Thejfameor  compa 
Eufaula  Home  Insurance  Company,"  and  by  that  nanic'^;>'^""''  "*  i""*- 
shall   be  capable   of  suing  and  being  sued  in   all  the 
courts  of  this  State;  of  j>urchasiiig,  holding  and   con- 
veying  property   of    all  descriptions  ;  of  making  and 
using  a  common    seal,  and  generally  of  doing  any  act 
necessary  to  carry  into  efl'cct  the  objects  of  the  corpor- 
ation, not  inconsistent  with  the  laws   and  constitution 
of  this  state. 

Sec.  2.  Be  it  farther  enacted.  That  the  capital  stock  of.'*»"''"t"^"f'■ 
this   corporation  shall  be   not  less  than   titty  tliousand  nnrhundre-idoi- 
dollars,  nor  more  than  two   hundred   thousand  dollars,  "'*' 
to  be  divided  into  shares  of  one   hundred  dollars  each, 


18G1. 


94 


opening    eub 
ccriptione. 


Payment!*.  and  tliG  Same  to  be  paid  in  the  manner  following  :  Ten 
dollars  on  each  share  at  the  time  of  snbscribing,  and 
the  residne  when  the  president  and  directors  of  the 
corporation  may  direct;  the  said  stock  shall  be  deemed 
and  held  as  personal  property-,  and  if  any  stockholder 
shall  neglect  and  refuse  to  make  the  payments  aa 
reqnircd,  his  stock  may  be  sold  by  order  of  the  ]n'C3i- 
dent  and  directois,  and  such  stockholder  shall  be  liable 
for  the  balance  due  by  liim  as  stockholder  to  the  cor- 
poration as  it  becomes  due,  and  may  be  sued  therefor 
in  the  circuit  court  of  Barbour  county. 

Sec.  3.  Be  it  further  enacted,  That  notice  shall  be 
^^iven  for  two  successive  weeks  bj'  advertisement  pub- 
lished in  two  of  the  newspapers  of  Barbour  county,  of 
the  time  and  place,  when  and  where,  subscriptions  will 
be  received  for  stock  in  said  company.  Said  subscrip- 
tion shall  be  opened  under  the  inspection  and  control 

Superintendents,  ^f  Edward  B.  Young,  Johu  McNab  and  William  T. 
Simpson ;  the  books  shall  be  kept  open  for  five  days, 
and  no  person  shall  be  allowed  to  subscribe  for  more 
than  fifty  shares  in  one  day.  If  at  the  end  of  the  five 
days  more  than  two  hundred  thousand  dollars  have 
been  subscribed,  the  subscriptions  shall  be  scaled  until 
the  amount  is  reduced  to  that  su^m.  If  less  than  fifty 
thousand  dollars  have  been  subscribed,  the  managers 
fihall  give  notice  as  in  the  first  instance,  and  may  keep 
the  books  open  till  the  sum  of  fifty  thousand  dollars 
has  been  subscribed. 

Election  of  board     g^c.  4.  Bc  it  furtlicr  enactciL  That  a  board  of  directors 

of  airectorn.  .  ^    r>  i  <»        i  i      1 1 

to  consist  of  five  persons,  each  one  of  whom  shall  own 
stock  to  the  amount  of  two  thousand  dollars,  who  shall 
hold  their  office  for  one  year,  shall  be  elected  by  ballot 
by  the  stockholders,  voting  in  person  or  by  proxy,  after 
notice  by  advertisement  for  two  successive  weeks  in  two 
of  the  newspapers  published  in  Barbour  county,  stating 
the  time  and  place  of  holding  the  election.  The  notice 
herein  provided  shall  be  given,  and  the  election  shall 
be  held  under  the  superintendence  of  Edward  B.  Young, 
John  McKab  and  William  T.  Simpson,  or  any  two  of 
them,  and  subsequent  elections  to  be  held  under  the 
direction  of  persons  appointed  by  the  board  of  directors. 
Each  share  enti- In  the  clectious,  and  in  all  meetings  of  the  stockholders 
ued  to  one  vole,  ^.^j,  the  trausactiou  of  business,  each  stockholder  shall 
be  entitled  to  one  vote  for  each  share  of  the  capital 
stock  which  he  may  hold. 


96  .  1861. 

Sec.  5.     Be  it  further  enacted  ^  That  the  board  of  dircc-Ti.epn'sident. 
tors  shall    have   power   to   elect   one  of  their   number 
president  of  the  oonipany,  and  to  pass  such  by-laws  as 
may  be  necessary  for  the  government  of  the  company. 

Sec.  G.  Be  it  further  enacted,  That  llie  said  incor-T-pon  whm  in- 
poration  shall  have  power  and  be  authorized  to  make  mmieT '""* 
general  insurance  upon  horses,  stables,  gin-houses, 
cotton,  corn  and  other  produce;  upon  lives  and  health 
of  botli  white  persons  and  slaves;  upon  live  stock  of 
every  description  ;  upon  vessels,  boats,  freights,  money, 
^oods,  wares  and  merchandize  and  any  other  species  of 
property,  against  loss  in  any  manner  by  fire,  dangers  of 
the  sea,  rivers  or  otherwise,  at  such  rates  of  premium 
as  they  may  agree,  and  to  transact  all  such  matters  as 
appertain  to  an  insurance  company. 

Sec.  7.     Be  it  further  enacted,  Tliat  this  charter  and  cimner  to  hoi.i 
all  the  privileges  and  powers  herein  granted  shall  con-  ^   ^     '^    ' 
tinue  in  force  for  the  full  term  of  ten  years  from  the 
subscription  of  the  stock;  and  that  the  propertv,  funds  r''"r'^>'  »''.'', 
and  business  transactions  of  the  company  shall  be  sub-tomxaiicn. 
ject  to  the  same  rate  of  taxation  imposed  by  law  on  the 
property    and   similar   business   transactions   of  other 
insurance  companies  chartered  by  the  state. 

Sec.  8.  Be  it  further  enacted,  That  all  jjublic  laws  now  T-nw!.nMnner)i- 
in  force,  or  which  may  hereafter  be  passed  prohibiting  banks,'    "'^"'^° 
or  regulating  agencies  for  foreign  banks,  or  in  relation 
to  tbe  circulation  of  the  issues  of  foreign  banks  or  com- 
panies as  money,  shall  operate  upon   and   apply  to  the 
corpoi'ation  hereby  created;  and    that    said  insurance rmnpany    Mmii 
company  shall  not  act  as  the  agent  ot  any  bank  or  other  "ff„V,Vni.anit"; 
company  incorporated  by  or  located  in   another  state,  •'"*"  """"""'■'"' 

.  ^         H  ^11-  f>  1  1   •  •         1   •  1  money     or     uw; 

in  carrying  on  the  business  ot  banking  m  this  state,  and '•'H'"  "motes  or 
shall  not  borrow  or  obtain  from  any  such  bank  orcom-Bn}'nian''ner'! 
pany,  either   directly  or   indirectly,  any    bank    notes, 
money  or  credit,  or  jt.iy  out  the  same  in  this  state,  or 
in  anywise  use  the  same  in  lending,  or  discounting  notes 
or  bills,  or  in  dealing  in  exchange  :  And  prorided  farther. 
That  nothing  contained  in  this  act  shall   bo  construed  |;|;;;{.l„^'J^^*;,'; 
as  conferring  upon  said  company  banking  powers  or 
privileges:  And  provided  farther.  That  no  l>ank  note  orFnntier  ri-»tric- 
bill  issued  or  made   by  any  bank  created  or  established ''""*• 
by  the  authority  of  any  of  our  sister  states  or  of  any 
foreign  country  shall  be  paid  out  under  any  circumstan- 
ces by  the  company  created  by  this  act,  or  by  any  of 


1861. 


96 


its  officers  or  agents  under  tlie  penalty  of  forfeiture  of 
the  charter  by  tliis  act  created. 
statement   of       Sec.  9.     Bc  U   fttrtkcr  cmictciL  Tliat  the  president  or 

cornlitionof  com-  ,  r         '  ^  iii  lAri 

j.anytobe  mmic  secrctapy  01  saiQ  coinpauy  must  on  the  second  Monday 
auu imbiuhed.  j^^  Jaiuuuy  in  ftacli  year,  make  out,  under  oath,  a  state- 
ment of  the  condition  of  said  company,  showing  the 
amount  and  character  of  its  assets  and  also  of  its  liabil- 
ities on  the  first  day  of  January  in  the  same  year,  and 
shall  publish  said  statement  so  verified  in  some  news- 
paper of  general  circulation  published  in  the  city  of 
Eufaula,  and  upon  failing  to  comply  herewith,  the  char- 
ter of  said  company  shall  be  and  the  same  is  hereby 
forfeited. 

Sec.  10.  ^e  ?Y  ./?«'//icren«c/e(^,  That  the  stockholders 
shall  be  liable  and  responsible  for  the  amount  of  their 
stock  and  no  more. 

Approved,  February  8,  1801. 


T/iability    of 
Etockholdere. 


No.  116.]  AN  ACT 

To    incorporate   the   Woodville   Insurance    Company. 

Section  1.  He  it  enacted  by  the  Senate  and  House  of  Hep- 

resentatives  of  the   State  of  Alalxdna   in  General  Assonhly 

Incorporators,    convfju'd,  That  Richard  A.  Solomon,  "VVm.  T.  Robinson 

and  William  Wood,  and  such  others  as  hereafter  may 

become  associated  with  them  for  that  purpose,  and  their 

successors,  are  hereby  declared  and  created  a  body  poli- 

Name  of  compa.  tic  aud  corporatc,  by  the  name  of  the  "Woodville  In- 

nj-its  powers,  jjupancc  Company"  and  by  that  name  shall  bc  capable  in 

law  of  suing  and  being  sued,  in  any  of  the  courts  of 

law  and  equity  in  the  state,  as  a  natural  person.     They 

shall  have  power  to  purchase,  hold  and  enjoy  real  and 

personal  estate  of  any  description  whatever,  and  may 

dispose  of  the  same  at  pleasure,  and  shall  have  power 

generally  to  do  and  perform  any  and  every  act  necessary 

to  be  done  to  carry  into  effect  the  object  of  this  charter 

not  inconsistent  w'ith  the   laws  of  this  state,  may  have 

and  use  a  common  seal,  and  may  alter  the  same. 

Amount  of  capi-     Sec.  2.     Bc  U  fuvthcr  cnackd.  That  the  capital  of  said 

paid.'"*"""^"''' corporation  shall  be  fifty  thousand  dollars,  and  shall  be 

divided  into  shares  of  one  hundred  dollars  each,  the 

same  to  be  paid  in  the  manner  following:  ten  dollars 


97  18(11. 

on  each  share  at  the  time  of  suhscribiiig,  and  the  lial- 
ance  in  such  sums  and  at  sucli  times  as  the  president 
and  dircclors  may  determine  ujion  and  recjuire,  \Yliic'h 
capital  stock  may  hereafter  lie  increased  to  any  sum  not 
exceeding  one  hundred  thousand  dolhirs,  the  same 
to  be  determined  by  a  resolution  of  the  president  and 
directors.  The  said  stock  shall  be  deemed  personal  ptook  decmci 
property,  and  if  any  stockholder  shall  and  retuse  tOeri"'""'  '""^ 
make  the  payments  as  recpiiredof  him  by  tlic  president 
and  directors,  sucli  stockholder  shall  be  liable  to  bis  or 
her  unpaid  stock,  and  may  be  sued  for  the  same  in  the 
courts  of  Henry  county  whether  such  defaulting  stock- 
holder resides  in  said  county  or  not,  and  the  said  stock 
may,  hy  resolution  of  the  president  and  directors,  be- 
longingtosucli  delinquent  stockholder,  be  sold,  in  which 
event  tJie  portion  previously  paid  in  shall  be  forfeited  to 
the  corporation. 

Sec.  3.     Be  it  further  enaetecf.  That  the  books  of  sub- "r<""'"g «'■•'<?«''» 

1,,,"'  ,,  ,.  .  ^,  „  of   subscnptxin. 

scription  shall  be  opened  at  any  time  prior  to  the  nrst 
day  of  March,  1862,  at  such  place  in  the  town  of  Wood- 
ville  as  a  majority'  of  the  ]iersons  named  in  the  first  sec- 
tion of  this  charter  may  determine,  and  shall  be  kept 
open  until  the  sum  of  twcnt3'-fivc  thousand  dollars  shall 
be  subscribed  ;  and  the  said  persons  or  a  majority  of 
them  shall  as  soon  as  the  said  sum  of  twenty-tive  thous- 
and dollars  is  subscribed,  call  a  meeting  of  the  stock- 
holders, who  shall  proceed  to  the  election  of  not  lessxnmbcr  of  .ii- 
than  three  or  more  than  seven  directors,  as  may  be  (lo- [S"o^*un.Vpow(T:)! 
tcrmined  upon  by  tlicm,  and  the  said  board  of  directors 
shall  proceed  to  elect  one  of  their  own  body  president ; 
and  the  said  president  and  directors  sliall  have  full  power 
and  authority  to  af>point  and  remove  at  [deasure  all 
officers  and  agents  of  said  corporation,  to  fixthcirrom- 
pensation,  prescribe  their  duties,  and  provide  for  taking 
of  bonds  of  officers  for  the  protection  and  -securitN-  of 
said  corporation;  they  shall  have  power  to  fill  all  vacan- 
cies which  may  occur  in  their  own  body  of  an  unexpired 
term,  shall  appoint  a  president  pro  (ein.  when  the  jtrcsi- 
dent  is  absent,  and  such  appointments  become  neces- 
sary, and  should  the  president  be  froMi  the  meeting  of 
the  board  for  two  months  witljout  leave  at  any  time, 
tlie  board  of  directors  shall  have  power  to  declare  his 
office  vacant,  and  may  make  a  new  election  under  such 
rules  as  they  may  see  fit  to  adopt. 


1861.  98 

Elections:  by  Sec.  4.  Bc  U  fiivihcv  cnudcd,  Tliat  the  directors  shall 
be  elected  by  the  stockholders,  and  the  president  by  the 
directors,  from  among  their  own  numljer,  and  when  elec- 
ted shall  hold  their  otlice  one  year  from  the  date  of  such 
election  and  until  their  successors  are  elected ;  audit 
shall  be  the  duty  of  the  president  and  directors  to  call 
an  annual  meeting;  of  the  stockholders  to  make  such 
election,  and  in  all  meetings  of  the  stockholders  those 
holding  a  majority  of  the  stock  shall  constitute  a  quorum, 

Kach  share  enti-mid  ^..^^^.\^  stOckh(>lder  shall  be  allowed  one  vote  for  each 

1  ltd  to  a  vote.        ,  .  i     i       i       i  i  i     i  i  i 

share  ot  stock  he  holds  ;  and  the  stock  may  be  represen- 
ted either  by  the  stockholder  himself  or  by  proxy,  and 
the  power  to  vote  for  an  absent  stockholder  may  be 
co'nferred  by  any  written  expression  of  such  desire  : 
Provided,  That  no  one  shall  act  as  proxy  wlio  is  not 
himself  a  stockholder. 

anct^'^iworr''"  ^EC.  5.  Bc  U  farther  enacted,  That  the  said  corporation 
shall  have  power  to  make  insurance  upon  steamboats, 
and  all  other  river  boats  and  boxes  ;  on  all  goods,  wares 
and  merchandise,  slave,  money  and  other  property, 
against  all  marine  or  river  risks;  and  upon  liouses, 
stores  and  other  buildings,  goods,  wares  and  merchan- 
dise of  every  description,  against  fires,  and  to  fix  a  pre- 
mium thereon,  and  may  make  insurance  upon  the  same. 

Transferor  Sec.  6.     Be  U  further  cimcted,    That  the  president  and 

stock.  -.  /•        •  1  •  1111  i-         1 

directors  ot  said  coporation  shall  have  power  to  fix  the 
mode  of  the  transfer  of  the  certificates  of  stock,  as  well 
as  the  time,  mode  and  place  of  the  payment  of  interest 
and  dividend,  and  a  majority  of  the  board  of  directors 
shall  constitute  a  quorum.  The  said  corporation  shall 
j-aMs,  -c.  jjave  power  to  pass  all  such  by-laws,  rules  and  regula- 
tions as  may  be  necessary  and  proper  to  carry  into  efi'ect 
the  provisions  of  this  charter  and  to  carry  on  the  busi- 
ness of  said  corporation,  provided  the  same  are  con- 
sistent with  the  provisions  of  this  charter  and  with  the 
laws  and  constitution  of  this  state  ;  and  the  said  corpor- 
ation shall  have  power  to  make  all  such  contracts  and 
bargains  by  the  president  and  directors  or  by  such  agent 
as  they  may  appoint,  as  may  seem  to  them  most  for  the 
interest  of  said  corporation. 
General  powers;      Sec.  7.     Bc  U  further  eiiacfcd,  Tliat  tlic  president  and 

may     appoint      j-  ,  i  i     ,•  i       i  n      /»» 

agents,    borrow  Qircctors  may  by  resolution  or  by-laws  create  all  oincers 

?!?s"niwts,''&c.'""^i^tl   agents  of  said   corporation,  not   herein    specially 

provided  for,  and  may  prescribe  their  duties;  they  shall 


90  1861. 

have  power  to  prescribe  an  oath  which  each  officer  shall 
take  and  subscribe  ;  lives  of  persons,  fixirig  a  rate  of 
insurance  thereon  ;  to  receive  from  a  free  person  or 
persons  or  from  any  corporation  deposits  on  trust,  and 
to  accept  all  such  trusts  oras^encies  within  the  scope  of 
its  business  as  may  be  conlided  to  it.  It  shall  have 
power  to  borrow  money  and  issue  its  bonds  therefor,  to 
invest  its  money  in  anything  and  in  any  manner  which 
would  be  lawful  for  a  citizen  to  inv^est  money  or  prop- 
erty in,  and  the  said  property  and  securities  to  sell  and 
transfer  at  plea^^ure.  It  nuiy  loan  its  money  or  property 
to  an}'  person  or  persons  or  corporation  on  any  security 
it  may  think  proper.  The  said  corporation  shall  have 
power  to  purchase,  discount  and  sell  bills  of  exchange 
and  promissory  notes,  to  receive  a!id  deposit,  and  for 
collection  promissory  notes  and  bills  of  exchange,  and 
may  charge  for  such  collections  such  per  cent,  as  is  usual 
in  siiuilar  chartered  insurance  ofhccs  or  private  banking 
houses:  Pror?V/(?^,  That  the  said  corporation  shall  not  shaii  not  furnish 
make  or  issue  any  bills,  bonds,  notes  or  other  securities  .uum. 
to  circulate  in  the  community  as  money:  And  provided 
further.  That  said  corporation  shall  be  subject  to  the  laws 
of  this  state  against  usury. 

Sec.  8.     Be  it  further  enacted,  That  the  said  corporation  Liability  of  com- 
shall  be  liable  to  its  creditors  to  the  full   extent  of  its  j;;;;'^^;''*  "'"<=»'■ 
property  and  assets,  and  the  several  stockholders  shall 
be  liable  to  the  creditors  of  the  corporation  to  the  ex- 
tent of  their  stock  subscribed  and  paid  in. 

Sec.  9.     Be  it  farther  enacted.  That  this  charter  and  chartpred  for 
all   the  powers  and    privileges   herein    contained    and     '''■" >"'''*• 
grante<l  shall  remain  in  full  force  for  the  period  of  fifteen 
years  from  the  date  of  its  approval. 

Sec.  10.     Be  it  further  enacted,  That  all  bills,  bonds,  i>oiraiify  of 
notes  or  other  securities,  made  payable  in  or  at  the  office  """"' 
of  said  corporation,  shall   be   sul)ject  to  the  same   rules 
of  law  and  to  the  same  legal  remedies  as  if  payable  in 
or  at  one  of  the  chartered  banks  of  this  state  :  Provided, 
That  the  General  Assembly  may  at  any  time  hereafter, 
alter,  modify,or  repeal  this  charter:  And  provided  further. 
That  nothing  contained  in  this  act  shall  be  construed  as  Re»irution<i. 
conferring  upon  said  company  banking  flowers  or  jiriv- 
ileges  :   And prorided further.   That  no  bank  note  or  bill 
issued  or  made  by  any   bank  created  or  estal)li>^hed  by 
the  authority  of  any  of  our  sister  states  or  of  any  foreign 
country  shall  be  paid  out  under  any  circumstances  by 


1861.  100 

the  compai)}-  created  by  tliis  act,  or  by  any  of  its  officers 
or  agents,  under  the  penalty  of  forfeiture  of  the  charter 
by  this  act  created. 
Approved.  February  9, 1861. 


M 


No.  117.]  AKACT 

To   incorporate    a   Steam   Fire   Engine   Company   in 

Mobile. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresenta tires  of  the  State  of  Alabama  in  General  Assembly 

Incorporators,  conrened,  That  David  P.  K.eid,  W.  Barnewell,  jr.,  A.  J. 
Mullany,  J.  F.  "Woodhull,  J.  St.  J.  Cummins,  John 
O.  Cummins,  jr.,  T.  T.  Tyree,  Thos.  S.  King  and  asso- 
ciates be  and  are  hereby  incorporated  by  the  name  and 
style  of  the  "  Exempt  Steam  Fire  Company,"  of  the 
cit}-  of  Mobile,  and  by  that  name  and.  style  thc}^  are 
hereby  authorized  and  empowered  to  sue  and  be  sued, 
ty  ;*'"'amoumi *°  plead  and  be  impleaded,  to  have,  hold,  occupy,  pos- 

gene'rai  powers!  scss  and  cujoy  goods  and  chattels,  lands  and  tenements, 
of  the  value  of  fifty  thousand  dollars,  to  adopt  a  com- 
mon seal,  and  the  same  to  alter  and  renew  at  pleasure, 
and  to  make  such  by-laws,  rules  and  regulations,  for 
tlie  proper  organization  and  good  government  of  the 
said  compan}',  not  inconsistent  with  the  constitution 
and  laws  of  the  State  of  Alabama  and  tlie  provisions 
of  this  act  of  incorporation,  as  they  may  deem  pro])er. 

Numbcrofnum-  Sec.  2.  Bc  it  further  enacted,  That  the  said  coni]iany 
ma}'  consist  of  not  more  than  one  liundred  members, 
who  shall  be  admitted  under  such  rules  and  regulations 
as  said  companj^  ^^^y  adopt. 

^^^^ea.  j^ijc^  3^     ^g  it  further  enacted,  That  the  said  company 

shall  be  required  to  keep  and  maintain  in  order  for 
use,  two  separate  steam  engines,  with  the  apparatus 
belonging  to  the  same,  and  the  company  and  its  mem- 
bers shall  be  subject  only  to  the  control  and  government 
of  its  officers,  and  shall  do  duty  in  first  and  second  tire 
districts  of  the  city,  under  such  government  and  con- 
trol of  its  officers. 

Members  exempt     Sec.  4.     Be  it  further  enacted.    That  the  members  of 

from  militki  (111-  .1  ,       .'  ,      i    •       .i         (•       ,  ,-  a   j.\  ■  j. 

ty,  road  tax,  Ac.  the  compauy  designated  in  tlie  iirst  section  ot  this  act, 
shall  be  exempt,  and  are  hereby  exempted  from  militia 


101  1861. 

duty,  road  tax,  performance  of  Jury  duty,  as  grand  and 
petit  jurors,  in  the  circuit  or  county  courts  of  Mobile 
county,  so  long  as  they  continue  to  perform  the  duties 
of  firemen  under  this  act,  and  that  any  member  who 
shall  have  served  iive  consecutive  years  in  the  said 
"  Exempt  Steam  Fire  Company"  of  Mobile,  without 
an  intermission  of  over  three  mouths,  or  who  shall  have 
been  disabled  in  the  performance  ot  duty  as  such,  shall 
be  constituted  an  "  exempt  lireman,"  and  as  such  en- 
titled to  all  the  privileges  and  immunities  of  active 
members  ot  the  company  :  Proinded,  That  no  person 
shall  be  a  member  of  said  com[)any  unless  he  shall  be 
an  exempt  tireman  at  the  time  of  his  becoming  such 
member. 

Sec.  5.  JBe  it  farther  enacted.  That  whenever  the  Negieci  or  .i.ay 
above  company  shall  habitually  neglect  the  performance  "'''^'*^  *''*■''• 
of  their  duty  as  iiremcn,  under  this  charter,  or  vit)late 
the  provisions  of  this  charter,  it  shall  be  the  duty  of 
the  solicitor  of  the  sixth  judicial  circuit  to  cause  a 
scire  facias  to  be  issued,  calling  upon  said  company  to 
show  cause  why  their  charter  should  not  be  declared 
forfeited,  which  writ  shall  be  made  returnable  to  the 
circuit  court  of  Mobile  county,  and  if  the  said  company 
shall  be  found  guilty  of  such  habitual  neglect,  the  said 
court  shall  declare  their  charter  to  be  forfeited. 

Approveu,  February  f\  18(31. 


Ko.  118.]  AX  ACT 

To  incorporate  the    Mobile  and  Jacksonville  Omnibus 
and  Railroad  Company. 

Section  1.  Be  it  enacted  6//  the  Senate  and  House  of 
Rrpresentaiircs  of  the  State  of  Alahama  in  General  Asscmbh/ 
coitvencd,  That  A.  11.  KylUnd,  E.  B.  Lott,  C.  F,  Moulton,  iDcorporaior*. 
Wm.  Tanner,  W.  S.  Paine,  Charles  Hauls  and  J.  B. 
Mendcnhall,  whose  articles  of  association  were  filed  in 
the  probate  court  of  Mobile  county  and  recorded  on 
24tli  of  August,  1800,  and  such  otlier  persons  as  liavo 
since  that  time  associated  with  them,  and  such  as  may 
hereafter  associate  with  them  for  that  [>ur|)ose,  and 
their  succesjiors,  are  hereby  constituted  a  body  jtolitic 
and  corporate,  by  the  name  and  style  of  the  "  Mobile  >«ra;  anj  pow, 
and  Jacksonville  Omnibus  and    Uailroad   Company,""^** 


1861.  102 

and  said  company  shall  liave  continued  succession,  may 
sue  and  be  sued,  have  a  common  seal,  and  is  licreby 
vested  with  all  the  powers  and  privileges  and  immuni- 
ties which  may  bo  necessary  to  eflect  tlie  purposes  of 
this  act,  and  to  make  all  lawful  contracts  for  the  use 
and  benefit  of  said  corporation. 

Kouics  of  the  gKc,  2.  Be  it  further  cvacted.  That  said  company  is 
hereby  authorized  to  establisli  and  operate  a  lijie  of  om- 
nibuses in  the  city  and  county  of  Mobile,  along  the 
following  route:  starting  at  Royal  street,  and  running 
west,  by  the  West  Ward  Hotel,  on  the  old  St.  Stephens 
road,  to  the  intersection  of  the  old  St.  Stephens  and 
the  Stone  street  roads,  in  Toulminville  in  Mobile 
count}'  ;  and  said  company-  is  also  authorized  and  fully 

May  construct  a  empowered,  if  they  think  proper  so  to  do,  within  five 

horse  railroad.  ^       ,.  A.^  ■      .•  j.  i         i.  •     x    •  i  i. 

years  irom  this  time,  to  contract,  maintain  and  operate 
a  horse  railroad,  within  said  cit}'  and  county  along  said 
route,  to  the  intersection  of  said  two  roads  at  Toulmin- 
ville; and   also  to  make  all   lawful   coi, tracts  for   the 
transportation  of  persons  and  property  upoii  said  road, 
to  make  an}'  lawful  contract  with  any  person  or  copora- 
tion   about  the   business  of  said  company,  and  also  to 
makis  joint  stock  with  any  other  omnibus  or  railroad 
iiow  niiiroad    compaiiy:  Provided,  however,  If  said  comjiany  shall  de- 
^tnlcted!  '""'    terniine  to  build  a  railway  in  said  city,  they  shall  so  lay 
the   rails  and   track  within  the  corporate  limits  of  the 
city,  as  to  conform  to  the  grading  of  the  streets  re- 
quired by  the  city,  and  along  such  way  from    Royal 
street  to  the  West  Ward  Hotel,  as  the  corporate  author- 
ities may  pi-escribe,    and  witli  such   form  of  rail  as  the 
engineer  of  the  cit}'  may  approve:  And  ]>rovidcd  further, 
That  they  shall  not  lay  any  track  or  tracks  on  any  street 
or  road  occupied   by  the  Mobile  and  Spring  Hill  Rail- 
road Company,  without  the  consent  of  said  company. 
Capital  ton  thou-     Sec.  3.  Bc  it  further  cnacted,  That  the  capital  stock  of 
whuii 'may'^\e said  company  shall  be  ten  thousand  dollars,  with  the 
flnyXuarl!''''^'*pi''^''l^g®  of  iucrcasing  the  same  to  such  amount  as  ma}' 
be  necessary  to  carry  into  eifect  the  object  and  ])urposes 
of  the  company  as  indicated  in  this  act,  to  be  divided 
into  shares  of  fifty  dollars  each,  which  shares  may  be 
transferred  in  such  manner  as  the  by-laws  of  the  com- 
pany may  direct,  upon  the  books  of  the  com])any. 
Knforccment  of     ^ec.  4.  Bc  it  farther  enacted.  That  the  board  of  direc- 

naymont    fur        .  y        •  i  i      ii    i  x  ■        ii  » 

stock.  tors  of  said  company  shall  have   power  to  require  Xha 

payment  of  sums  subscribed  by  the  stockholders  in  such 


103  18C1. 

manner,  and  at  such  times  as  they  may  deem  proper; 
and  on  failnre  or  refusal  of  any  stockholder  to  pay  any 
instalment  of  stock  that  may  be  due,  then  and  in  that 
case,  the  president  and  dirt-ctors  may,  in  twenty  days 
after  demand  made  of  said  defaulting  stockholder,  pro- 
ceed to  sell  at  public  sale  the  shnre  or  shnres  of  stock 
owried  by  sucii  stockholder,  to  tlie  highest  biihler,  and 
it  upon  such  sale  said  stock  does  not  produce  enough 
to  pay  said  default,  then  the  said  company  is  authorized 
to  commence  proceedings  in  an}-  court  of  competent  ju- 
risdiction, to  recover  the  pame  by  suit  at  law. 

Skc.  5.     Br  (I  further  cnarfed,  Tliat  the  corporate  au-r.iehi  or  way  t<. 
thorities  of  the  city  of  Mobile  are  authorized  and  <li-rHyTnIi"c<)unK 
rected  to  graiit  said  company  the  right  of  Wii}-  through,  """'"''"'**■ 
in  and  upon  eitherof  the  streets,  in  said  city  of  Mobile, 
on  the  route   before  indicated  in  this  act,  and  the  com- 
missioners of  roads  and  revenue  are  hereby  authorized 
to  grant  the  same  through,  in  or  upon,  the  St.  [Stephens 
road  outside  of  the  limits  of  the  city,  for  the  construc- 
tion of  their  track,  and  the  passage  of  their  cars,  and  in 
consideration  of  the  privilege  hereby  granted,  the  prop- pn.pcrty  an.i 
erty  of  said    company  and  the  capital   actually  [>aid  in  t^'^^*;!',;"'''''" 
shall  at  all  tinies  be  liable  to  the  same  rates  of  taxation 
as  the  property  of  individuals  of  said  county  of  Mobile, 
and  shall  be  taxed  in  no  other  way. 

Sf,c,  0.  Be /'(further  enacted,  That  the  stockholders  of '"'"'•'•;'"•''""''"'■- 
said  company  shall  annually  elect  three  or  more  of  their  ft-n."^"' 
number,  directors,  and  the  said  directors  shall  appoint 
out  of  their  own  number  a  president,  and  shall  also 
appoint  a  secretary,  who  shall  also  be  treasurer,  who 
shall  each  hold  their  ofiices  until  their  successors  arc 
appointed  and  qualified. 

t5EC.  7.     Be  it  further  enacted,  That   said  company  isToi.oicjprcjicrix 
hereby  authorized  to  purchase,    receive   and   hold  any 
such  real  and  [jorsonal   estate  as  ma\'  be   necessary    and 
convenient  for  carrying  into  etiect  the  ol»ject  ior  which 
thirt  incorporati<m  is  granted. 

Skc.  8.  Be  it  farther  enacted,  That  tlie  business  of  said  Manaitmient  ..f 
company  shall  be  managed  by  the  president  and  direc-  '"*"'"'"• 
tors,  who  shall  have  the  power  of  a«lof»tin£j  by-laws  for 
the  govermnent   of  said    corporation,  and  of  fixing  the 
annual  com[>ensation    of  its  officers,  ami  the  term  of 
office  of  cacli  one  not  regulated  herein. 

Skc.  0.    Be  it  ffirther  enacted.  That  the  nresidem  of  wnid  ^'"•''^<"'"  '" 

,      ,,■,  1  11  />  1       niako  contract*. 

company  shall  have  power  to  make  all  contracts  for  the 


taken   made 


1861.  10-4 

company,  except  when  tlie  amount  exceeds  the  sum  of 
five  huntlrcd  doUars,  in  which  case  the  same  shall  be 
authorized  by  a  resolution  of  the  board  of  directors,  and 
not  otherwise. 
Stock  formerly  Sec.  10.  Bc  U  furthei'  euacted.  That  the  stock  tal^en 
in  said  company  under  their  organization,  by  virtue  of 
tlie  tiling  and  recording  their  articles  of  association  in 
the  probate  court  of  Mobile  county,  on  the  2-ith  Au- 
gust, 1860,  shall  be  continued  and  be  valid,  together 
wiih  all  other  rights  acquired  by  said  comj)any  as  fully 
in  every  respect  as  if  the  same  were  done  under  tliis  act. 
Sec.  11.  Be  it  furthei' enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  the  provisions  of  tliis  act  be 
and  are  hereby  repealed. 

Apphoved,  February  8,  1861. 


Xo.  ll'J.]  AISTACT 

To  incorporate  the  l^orth  Alabama  Railroad  Company. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 

ineorporat.irs.  coHve/icd,  That  Jaiiies  J.  Doiiegau,  llobert  Fearn,  Eg- 
bert J.  Jones,  Isaac  D.  Wam,  John  W.  Ledbetter,  Davis 
Moore,  M.  P.  Roberts,  0.  D.  Sledge,  and  George  D. 
iS'orris,  of  Madison  county,  and  James  Lamar,  James  C. 
Scott  and  David  Kicketts,  of  Marshall  county,  be  and 
they  are  hereby  appointed  commissioners,  any  five  of 
whom  may  act  and  do  all  business  necessary  to  be  done 
under  this  act,  preparatory  to  the  organization  of  the 

Name;  ojiening  "Xorth  Alabama  Railroad  Company,"  and  they  shall 
0[)en  books  of  subscri[)tion  for  the  ca[)itnl  stock  of  said 
company,  at  such  time  and  [daces,  and  with  such  no- 
tice, not  less  than  thirty  days,  as  they  may  think  proper. 

Capital    stock;      ^ec.  2,     Be  it  furthcr  enacted.  That  the  capital  stock 

amount  of  sliares      „.,.,  ,*'  i       c         \  ii^i  i 

ot  said  railroad  company  may  be  live  hundred  thousand 
dollars,  in  shares  of  twenty-tive  dollars  each,  with  the 
privilege  of  increasing  the  same  to  one  million  dollars, 
should  such  increase  be  found  necessary  for  its  construc- 
tion and  future  management. 
Route  and  con-  Sec.  3.  Be  it  further  enacted.  That  said  railroad  shall 
extend  Irom  the  place  on  the  line  between  the  state  of 
Alabama  and  Tennessee,  where  the  Tennessee  part  of  the 


105  1861. 

AYinchester  and  Alabama  Railroad  may  strike  the  said 
lino,  thence  by  or  near  the  village  of  New  Market,  and 
intersecting  the  Memphis  and  Charleston  Railroad  at  or 
near  the  city  of  Iluntsville  and  continuing  to  said  city, 
thence  in  the  direction  of  the  Tennessee  river,  upon  the 
route  surve3-ed  in  the  yoav  1860,  under  the  superintend- 
ence of  John  F.  Steele,  by  or  m  the  neighborhood  of 
the  village  of  Vienna,  or  such  other  route  as  may  be 
deemed  best  by  the  president  and  directors  of  said  rail- 
road, to  the  most  practicable  point  on  said  river  for 
connecting  with  the  Tennessee  and  Coosa  Railroad. 

Siic.  4.  Be  it  further  enacted,  That  as  soon  as  fifty  ^nu>n  the  oom- 
thonsand  dollars  shall  have  been  subscribed  t)  the  cap-^'!|";z<'^i'J'i,'jpow. 
ital  stock  of  said  company,  the  subscribers  of  said  stock,  "\,g*"^  p"^'' 
their  successors  and  assigns,  shall  be  and  they  are  hereby 
declared  to  be  incorporated  into  a  company,  by  the 
name  of  the  "North  Alabama  Jiailroad  Company,"  and 
by  that  name  shall  be  capable  in  law  of  purchasing, 
holding,  leasing,  sellinof  and  conveying  real,  personal 
ami  mixed  proi)eity,  so  far  as  shall  be  necessary  for  tiie 
purposes  of  this  incorporation,  and  by  said  incorporated 
name  may  sue  and  be  sued,  plead  and  be  impleaded, 
answer  and  be  answered  unto,  in  any  court  of  law  or 
equity  in  this  state  or  elsewhere,  and  to  liave  a^id  use  a 
common  seal,  and  the  same  to  alter  or  amend  at  pleas- 
ure, to  pass  such  by-laws,  rules  and  ordinances  for  the 
good  government  of  said  corporation  as  to  them  may 
seem  proper,  and  generally  do  all  things  necessary  to 
carry  into  effect  fully  and  completely  the  objects  of  this 
act. 

Siic.  5.  Be  it  further  enacted,  That  as  soon  as  fiftj' Meeting  or  «ui)- 
thonsiind  dollars  shall  have  been  subscribed  the  com-of  oinocrg,  &c. 
missioners  liereby  appointed  shall  call  a  general  meet- 
ing of  the  subscribers,  at  such  time  and  place  as  they 
may  appoint,  and  at  such  meeting  the  said  subscribers, 
or  a  mnjority  of  them  in  value,  shall  elect  one  i)rosidcnt 
and  eight  directors,  by  ballot,  to  manage  th<!  affairs  of 
said  ('ompany,  and  the  commissioners  as  aforesaid,  or 
any  three  or  more  of  them,  shall  be  judges  oi'  said  first 
election  of  president  and  directors,  and  the  certificate  of 
said  commissioners,  or  as  many  of  them  as  shall  have 
acted  in  said  first  election,  shall  be  conclusive  thereof, 
and  that  the  requisitiims  of  this  act  jtrittr  to  the  said 
election  jjave  been  fully  complied  with;  and  the  direct- 
ors thus  chosen  shall  allow  the  [tresident  such  compen- 


1861. 


106 


Officers,  enfii- 
iieers,  and  ser- 
•vants;  liow  ap- 
pointed. 


satioii  ns  they  may  think  ])ropcr;  and  on  all  occasions, 
whenever  a  vote  of  stockholders  shall  be  necessary  to 
be  taken,  each  stockholder  shall  be  allowed  one  vote 
for  every  sliare  owned  by  him  or  her,  and  any  stock- 
holder may  depute  any  other  person  to  vote  and  act  for 
him  or  her  as  his  or  her  proxy, 
ofT'e^sidentand  ^^^-  ^'  ^^  U  fiirthcr  ('uacted,  That  the  president  and 
■directors.  dircctors  of  Said  company  sliall  be  chosen   annnally  by 

the  stockholdei's  of  said  company,  and  if  any  vacancy 
shall  occur  by  death,  resignation  or  otherwise,  of  any 
president  or  director,  before  the  3- ear  for  which  he  was 
elected  shall  have  expired,  such  vacancy  shall  be  filled 
by  the  president  and  directors,  or  a  majorit}' of  them, 
and  that  the  president  and  directors  shall  hohl  their 
office  until  their  successors  are  chosen  and  qualitied ; 
shall  have  power  to  call  meetings  of  stockholders  at 
any  time,  and  a  majority  of  stockholders  shall  have 
power  to  remove  the  president  or  any  director,  and  to 
till  all  vacancies  occar-.ioned  by  removal,  at  pleasure. 

Sec.  7.  Be  it  farther  enacted,  That  the  said  president 
and  directors,  or  a  majority  of  them,  may  appoint  all 
such  officers,  engineers,  agents  or  servants  whatsoever, 
as  thc}'^  ma}''  deem  nccessar}"  to  carry  on  the  business  of 
said  company,  and  may  dismiss  them  at  pleasure,  and  a 
majority  of  them  shall  determine  the  compensation  of 
all  ofiicers,  engineers  and  servants  of  said  company,  and 
shall  have  power  to  pass  all  b3'-laws  which  tliey  may 
deem  necessary'  and  proper  for  exercising  all  the  powers 
vested  in  this  company  for  carrying  into  effect  the  ob- 
jects of  this  act:  Provided,  ordy,  That  such  by-laws  shall 
not  be  contrary  to  the  laws  of  this  state ;  and  said  pres- 
ident and  directors,  or  a  majorit}^  of  them,  are  em[)ow- 
ered  to  borrow  money  to  carry  into  efiect  the  objects  of 
this  act,  to  issue  certificates  or  other  evidences  of  such 
loan,  and  to  pledge  the  property  of  said  company  for 
the  payment  of  tlie  same  with  interest. 

Sec.  8.  JBeitfartlureiiacied,  That  the  said  president 
and  directors  shall  have  power  to  require  the  stock- 
holders of  said  couipany  to  pay  such  instalments  on 
their  respective  shares  of  stock  in  said  company,  and  at 
such  time  as  thej'  may  think  best  for  the  interest  of  said 
compan}^  and  upon  the  failure  or  refusal  of  any  stock- 
holder to  pay  the  instalment  required  on  his,  her  or  their 
stock,  in  pursuance  of  any  call  made  by  said  president 
and  directors  as  aforesaid,  said  president  and  directors 


May    borrow 
money. 


Payments 
«tock ;    how 
/orcud. 


elock- 
how  con- 


107  1861. 

may,  upon  givinc^  tliirty  dnys'  notice,  proceed  to  sell  at 
public  sale  the  share  or  shares  of  said  stock,  owned  by 
such  stockholder,  or  such  part  as  tliey  may  think  pro- 
per, to  the  highest  bidder,  and  if  n]ion  the  sale  of  the 
shares  of  said  stock  owned  by  said  defaulting  stock- 
holder, said  stock  should  be  sold  for  less  tlian  the 
amount  due  upon  the  instalments  as  above  mentioned, 
said  stockholder  shall  be  liable  to  pay  to  the  said  com- 
pany the  deficiency,  in  manner  and  form  hereafter  sjteci- 
lied. 

Sec.  9.  Be  it  further  machd,  That  upon  the  failure  or F.iitf. against  de 
refusal  of  any  stockholder  to  ]tay  any  instahnent  called  jiouierf 
for  or  demanded  by  the  president  and  directors  of  said '''"^"^** 
com])any,  or  if  upon  the  sale  of  said  shares,  as  before 
specified,  they  shall  be  sold  fur  less  than  the  amontit 
due  upon  instalments,  as  above  mentioned,  the  president 
and  directors,  upon  giving*twenty  days'  notice  to  said 
deliiulting  stockholder,  may  i)roceed  by  attorney  and 
in  the  name  of  said  compan^^  to  move  the  circuit  jourt 
of  the  count}'  in  which  said  stockholder  may  reside  for 
judgment  against  the  said  stockholder,  for  the  amount 
called  for  by  the  president  and  directors  of  said  comjta- 
ny,  or  as  the  case  may  be,  for  any  deficiency  that  may 
occur  in  the  sale  of  said  stock,  as  above  sj)ecified,  and 
said  court  is  hereby  authorized  and  empowered  and 
required  to  render  judgment  against  the  said  defaultitig 
stockholder,  at  the  same  term  of  the  court  at  which  said 
motion  is  made,  which  judgment  so  given  shall  l)e  a 
lien  on  <he  real  or  personal  property  of  said  stockholder, 
and  an  execution  shall  issue  as  upon  other  judgments 
for  the  amount  of  said  judgment  and  costs;  and  all 
notices  herel)y  required  to  be  given  to  ari}'  defatilting 
stockholder  fihall  be  issued  by  and  in  the  name  of  the 
secretary  of  the  board  of  directors,  and  served  by  the 
sheritf  of  the  county  in  which  the  stocklioldcr  may  re- 
side, and  shall  be  returned  to  the  oftice  of  the  clerk  of 
the  court,  as  in  cases  of  common  writs.  an<J  the  shcrilf 
shall  be  entitled  to  one  dollar  for  serving  said  notice, 
which,  with  rII  costs  that  may  accrue  on  said  proceed- 
ings, shall  be  paid  by  the  party  against  whom  judgment 
may  be  rendered,  and  where  the  insfalmcnt  calbd  tor 
or  demanded  by  sai<l  jiresidetit  and  directors  is  les-*  than 
fifty  dollars,  tlie  said  coni]«nny  may,  by  it«  attorticy, 
bring  suit  before  justices  of  the  peace  against  the  st^ock- 


1861.  108 

holder  upon  whom  said  demand  is  made,  should  lie  or 
she  tail  or  refuse  to  pay  the  same. 
Contracts  for  Sec.  10.  Bc  itfurthcr  etiactcdy  That  the  president  and 
materials,  &c.  tlji'ectors  of  Said  Company  are  hereby  authorized  to  con- 
tract for  and  receive  conveyances  of  land,  stone,  timber 
and  wood,  which  may  be  necessary  or  required  in  the 
construction  of  said  railroad  and  when  the  owner  and 
company  cannot  agree  upon  the  price,  or  when  the 
owner  is  an  infant,  non-resident,  or  no)i  compos  mentis, 
then  it  shall  be  lawful  for  the  president  and  directors  of 
said  company,  in  the  name  of  said  company,  to  apply 
to  the  sheriff  of  the  county  in  which  said  lands  or  other 
property  may  be  situated,  who  shall  summon  a  jury  of 
seven  disinterested  freeholders,  a  majority  of  whom 
shall  be  authorized  to  assess  the  damages,  and  return 
their  award  or  judgment  to  the  next  term  of  the  circuit 
court  for  the  county  in  which  said  land  or  other  i)ro- 
perty  may  be  situated,  which  shall  be  entered  by  the 
clerk  as  the  judgment  of  the  court,  and  execution  may 
issue  thereon  tor  the  amount  of  said  judgment  and 
Partydissatisfled  costs  :  Froviclcd  alioui/s,  Tluit  if  either  party  shall,  upon 
ma}ai.iKa.  ^^^^  retum  thcreof.  be  dissatisfied,  they  may,  upon  tiling 
bond  with  good  and  suiiicicnt  securities  in  such  sum 
as  the  court  may  order,  be  allowed  an  appeal  to  the  next 
term  of  the  circuit  court,  where  said  case  shall  stand  for 
trial  de  novo  :  Provided  also,  Thirty  days  notice  shall  have 
been  given  to  the  opposite  party,  issued  by  the  clerk  of 
the  court  and  served  by  the  sheriti'of  the  county. 
Oath  to  be  taken  Sec.  11.  Be  U  furUier  euactcd,  Thsxt  the  iu.rov8  tijing 
i)>  trjers.  ^^^j^  ^^^^  shall  take  the  following  oath,  which  oath  the 
sheriff  is  hereby  authorized  to  administer:  "You  and 
each  of  you  do  swear  (or  affirm  as  tlie  case  may  be)  that 
you  will  well  and  truly  try  the  case  now  pending  and 
submitted  to  your  decision,  between- A.  ]3.,  com[)lain- 
ants,  and  the  president  and  directoi^e  of  the  North  Ala-  • 
baraa  liailroad  Company,  defendants  ;  and  that  you  will 
take  into  consideration  tlie  advantages  and  value  which 
the  construction  of  the  railroad  may  give  to  lands  and 
other  property,  as  well  as  the  injury  said  lands  or  other 
property  may  sustain  by  its  construction,  through  or 
near  which  it  may  be  constructed,  so  help  you  God." 
Property    con-     gi^o.  12.     Be  it  farther  enacted,  That  the  said  lands  or 

demned  to  enure       ,  '' ,  ,  '  ,  •  i.      i 

to  the  company,  other  property,  when  so  condemned  or  estimated  as 
aforesaid,  shall  enure  to  and  become  the  property  of 
said  company  forever,  upon  the  payment  by  said  com- 


109  1861. 

pnii_v  of  the  anionnt  assessed  by  said  jury  to  tlie  party 
claiming  damages  on  account  of  the  construction  of  said 
road  through  said  lands,  or  for  such  other  property  : 
Procklcd,  That  said  work  shall  in  no  \vise  1)0  delayed 
on  account  of  the  proceeditigs  liad  as  aforesaid. 

8kc.  Vo.  Be  a  fmi/ur  oiacfed,  That  in  case  an}- person  Mniicious  .lam- 
shall  wilfully  injure  or  obstruct  in  any  degree  the  said  puniMmi"  ' 
road  or  roads,  he  shall  forfeit  and  pay  to  the  said  com- 
pany three  times  the  amount  of  all  damages  they  may 
sustain  in  consequence  thereof,  to  be  sued  for  and  re- 
covered in  the  same  manner  as  provided  by  law  for  in- 
dividuals in  like  cnses;  and  on  complaint  made  to  any 
magistrate  within  whoso  jurisdiction  such  ofience  shall 
be  committed,  it  shall  be  the  duty  of  such  magistrate  to 
bind  the  person  or  persons  so  offending  with  sufficient 
security  for  liis  or  lier  good  beliavior  for  a  period  of 
not  less  than  one  year,  and  such  offender  shall  also  be 
subject  to  indictment,  and  shall  be  sentenced,  at  the 
discretion  of  the  court,  to  be  imprisoned  not  less  than 
three  nor  more  than  six  months. 

Six.  14.     Be  U  further  enacted.  That  in  the  construe- ''"'•'■'"/"a'' ""' 

.  r         •  1         -1  J   ii  •  1        A.  J     T         J.  X         •  1  lobe  obstructed. 

tion  ot  said  railroad  the  president  and  directors  of  said 
company  shall  not  in  any  manner  obstruct  any  public 
road  now  established,  but  shall  provide  convenient  pas- 
sages to  travel  over  said  road. 

ISec.  15.     JBe  it  farther  enadcd,  That  paj'inents  of  tlieinwhatnubpcrip- 
subscription  to  the  stock  in  said  railroad  may  be  madel,',")"'    """^  ^"^ 
in  the  materials,  labor,  provisions,  and  all  and  everything 
necessary  for  the   construction  of  said  road  which  the 
board   of  directors,  at  their  discretion,  may  deem  ex])e- 
dient  to  accept. 

Skc.  10.  Beit  further  enacted,  That  after  the  comple-Toiid. 
tion  of  said  road,  or  any  part  thereof,  the  said  president 
and  directors  may  lay  and  collect  tolls  from  all  persons, 
pn^perty,  merchandise,  and  other c<immodity  transport- 
ed thereon  :  Provided,  The  net  [trolits  of  said  road  shall 
never  exceed  twenty-five  per  cent,  per  annum. 

Sr.c.  17.  Be  it  farther  enacted,  That  the  general  as- 
sembly reserve  the  right  and  power  to  authorize  the 
construction  of  any  railioad  to  cross  the  ojic  authorized 
by  this  act,  at  any  point  the  General  Assembly  may 
think  ])roper. 

Sit.  is.     Be  it  farther  ennrfcd^  That  nothing  in   this  n»nkingpr<*ib. 
act  shall  be  so  construed  as  to  confer  upon  the  said  com- 
pany any  right  to  exercise  the  powers  of  a  banking 


1861. 


110 


company,  or  to  issue  any  description  of  paper  or  evi- 
denc^es  of  debt  intended  as  circulation. 
Approved,  February  7,  18G1. 


No.  120.] 


AN  ACT 


To  incorporate  the  Central  Insurance  Company,  at  Tus- 
caloosa. 

Section  1.  Be  it  enaotf^d  hy  the  Senate  and  JTouse  of  Hep- 
resentdtires  of  the   tSfate  of  Alahaina   hi  General  Af^soulli/ 

Incorporators.  co7iveiicd,  Tiiat  Leonard  B.  Neal,  E.  B.  Vaughn,  J.  P.  Tur- 
ner, John  W".  Pratt,  Daniel  N.  Clark  and  George  Benagh, 
and  their  successors,  be  and  they  are  hereby  constituted 
and  declared  a  body  politic  and  corporate,  under  the* 

xameof  comp.i  name  and  style  of  the   "Central  Insusance  Compau}-," 

u\  andpowers.  ^nd  shall  bc  entitled  to  all  the  rights,  privileges  and 
immunities,  and  subject  to  all  the  restraints,  restrictions 
and  disabilities  conferred  and  imposed  by  its  charter 
upon  the  Tuskegee  Insurance  Company,  approved  Jan- 

openin?  books;  ^^^^y  19,  1856:    Ffovidcd,  That  anv  three  of  the  above 

enforcemeat    of»''  ii"/.  !•• 

payments.  iiamcd  pcrsous  may  open  books  for  subscription  of 
stock  in  the  city  of  Tuscaloosa,  and  that  any  subscriber 
for  stock  in  said  "Central  Insurance  Compau}',"  failing 
to  pay  his  subscription  as  required,  may  be  sued  there- 
for in  the  courts  of  Tuscaloosa  county  :  And  yrovidcd 
farther^  That  said  company  shall  not  borrow  money 
from  banks  not  chartered  in  this  state,  upon  penalty  of 
forfeiting  this  charter. 

Approved,  February  5,  1861. 


Kcstrictlons, 


No.  121.] 


AN  ACT 


To  incorporate  "The  North  Alabama  Steamboat  Com- 
pany." 

Sectiok  \.  Jie  it  enacted  hy  the  /Senate  and  House  of 
JRepresentatives  of  the  State  of  Alabama  in  General  Assembly 
Comraisjioners.  couvencd,  That  Jamcs  Lamar,  Jerome  C.  Cornwell,  and 
Grandison  Greenwood,  of  Marshall  county;  James  M. 
Todd,  Mathew  Mahon,  and  Pleasant  Todd,  of  Morgan 
county  ;  James  Williams,  Albert  Erskine,  and  Augus- 


m  1861. 

tns  Gaiiter,  of  Jackson  county,  be  and  tlioy  arc  lieveby 
appointed  commissioners,  any  three  or  more  of  whom 
may  act  conjointly,  and  are  hereby  authorized  and  eni- 
povved  to  open  books  of  subscription  to<lie  capital  stock 
of  a  company  to  be  known,  wiien  organi^'.cd  under  the 
provisions  of  this  act,  as  ''The  North  Alaba)na  Steam- 
boat C\)mpany." 

8kc.  2.  Be  it  further  enacted.  That  three  or  more  ofoppmn?  book* 
said  commissioners  shall  give  notice  ot  the  times  and 
places  of  receiving  Subscription  to  the  capital  stock  of 
said  ctimpany,  by  advertisement  ior  three  weeks  in  a 
newspiiper  published  at  fcSomcrville,  (juntersville  and 
Bellefoiite,  and  receive  subscriptions  for  the  stock  there- 
of, and  shall  keep  said  books  open  so  long  as  they  shall 
deem  expedient,  or  until  the  whole  amount  of  the  cap- 
ital stock  of  said  company  shall  be  subscribed  for. 

Sec.  3.     Be  it  farther  enacted^  That  the  capital  stock  cnpimi  i>tork. 
of  said  company  shall  not  exceed  tilty  thousand  doUars, 
to  be  divided  into  one  thousand   shares  at  lilty  dollars 
per  share. 

SiiC.  4.  Be  it  further  enacted^  That  when  the  sum  of  a  body  ror).o- 
fifteen  thousand  dollars  is  subscribed  to  tlie  capital  ^"^^=.,^'^*'"'""''" 
stock  of  said  company,  the  subscribers  thereto  shall  be 
and  they  hereby  are  created  a  body  corporate,  iimlorthe 
name  and  st^  Ic  of  '*The  North  Alabama  kSteamboat 
Company,"  and  shall  proceed  to  elect  a  board  of  direct- 
ors for  said  company,  to  consist  of  a  president  and  four 
directors,  at  such  time  and  place  as  the  said  commis- 
sioners or  any  three  of  them  may  appoint,  and  notice  of 
said  election  shall  be  given  in  a  newspajier  published  at 
Somcrville,  Guntersville  and  Bcllefonte;  and  the  board 
of  directors  80  electe<l  shall  hold  their  ofKce  for  the  term 
of  one  year,  and  until  their  successors  are  elected,  and 
such  lirst  election  shall  be  held  under  the  superintend- 
ence of  at  least  three  of  said  commissioners,  and  their 
certificate  of  the  election  of  such  president  atxl  direct- 
ors shall  be  conclusive  evidence  thereof,  and  that  said 
conipany  has  been  regularly  and  [iroi^crly  organized 
under  the  provisions  ot  this  act. 

Sec.  5.     Be  it  further  enacted^  That   the  subsequent  Kirnion or prm- 
clections  for  president  and   directors  of  "aid  conipany  J,''/,'" """'''"'''•'■ 
shall  be  held  annually,   at  such    time  and   ]dace  as  the 
board   of  directors  shall   appoint,  under  the  direction 
and  supervision  of  the  board  of  directors,   for  the  time 
being,  or  any  three  of  them,  and  their  certiticatc  of  the       • 


1861.  112 

election  of  their  snccesscra,  from  time  to  time,  shall  be 
prima  facie  evidence  thereof,  and  the  board  of  directors 
shall  hold  their  otiice  for  the  term  of  one  year,  and  un- 
til their  successors  are  elected  ;  and  at  the  first  or  any 
subsequent  election  for  a  board  of  directors  of  said  coui- 
,  pany,  each  stockholder  in  said  company  shall  be  eriti- 

One  vote  to  eacli  a         *'  '  it/ 

chare  of  Block,  tied  to  cast  One  vote  for  each  share  of  stockiu  said  com- 
pany owned  by  him,  and  any  vacancy  in  the  presidency 
or  board  of  directors  of  said  compan}'  shall  be  filled  by 
the  vote  of  said  board  of  directors,  and  at  any  election 
for  said  board  of  directors  any  stockholder  may  vote  in 
person  or  b}'  proxy,  and  three  members  of  said  board  at 
any  meeting  shall  constitute  a  quorum  for  the  transac- 
tion of  business. 
Se^Tmavhol'd  ^^EC.  6.  Bc  U furtker  enacted,  That  the  said  North 
properly. borrow  Alabama  Stcamboat  Company  shall  have  full  power 
mouej,  t.  ^^^^  authority  to  purchase,  hold  and  sell  one  or  more 
steamboats  or  other  boats,  to  use  the  same  in  the  navi- 
gation of  the  Tennessee  river  and  its  tributaries,  and 
the  transportation  of  freight  and  passengers  thereon,  to 
borrow  money,  and  make,  execute  and  deliver  obliga- 
tions for  the  payment  thereof  and  interest  thereon,  to 
hold  real  and  personal  property  not  exceeding  one  hun- 
dred thousand  dollars  in  value,  to  sue  and  he  sued,  plf^ad 
and  be  impleaded  in  law  and  in  equity,  and  do  all  other 
acts  and  things  which  may  be  necessary  and  proper  to 
carry  out  the  objects  of  their  creation. 
May  ha\-B  a  seal,  Sec.  7.  Be  it  further  enacted,  That  the  board  of  di- 
make  by-iia\\8,  j,p(,|-Q,.g  of  Said  Company  shall  have  full  power  and  au- 
thority to  make,  alter  and  destroy  a  common  seal  for 
said  company,  to  make,  alter  and  amend  such  hy-laws, 
rules  and  regulations  as  they  may  deem  expedient  for 
the  government  of  said  compan}-,  and  the  proper  trans- 
action of  its  business,  create  and  abolish  such  offices, 
and  make  and  vacate  appointments  thereto,  as  they 
shall  think  fit,  a)id  do  and  perform  all  other  acts  and 
things  they  nuiy  deem  necessary  to  effect  the  objects  of 
the  incor[)oration  of  said  company,  not  contrary  to  the 
existing  laws  of  the  state. 
Approved,  February  5, 1861, 


113  18G1. 

^^o.  122.]  AN  ACT 

To  incorporate  Ingram's  Academy,  in  Russell  Connty. 

Seotion  1.  Be  H  ennrted  hy  the  Seuate  and  House  of 
Represtmtatwes  of  the  iSt<ffe  of  AlidHimain  Gcti^ral  Ai*semhly 
convened^  TJiat  B.  Ingram,  llicbard  Allen  and  John  oencmi  powers 
Buchanan,  of  Russell  county,  and  their  successors  and""  '"^'  ^'^^^ ' 
associates  in  office,  be  and  they  are  hereby  constituted 
a  body  politic  and  corporate  in  deed  and  in  law,  by  the 
name  and  style  of  "Ingram's  Academy,"  and  by  that 
name  may  sue  and  be  sued,  plead  and  be  impleaded, 
answer  and  be  answered  unto,  in  all  kinds  of  actions, 
both  in  law  and  in  equity,  nniy  receive  donations,  pur- 
chase property  of  any  kind,  whether  real  or  personal, 
anil  have  and  use  a  common  seal ;  they  shall  further  be 
empowered  to  make  such  rules  and  regulations  and  by- 
laws, for  the  good  government  of  said  institution,  as 
may  be  necessary,  the  same  not  being  repugnant  to  the 
constitution  of  the  iState  of  Alabama,  or  the  laws 
thereof. 

Sec.  2.  Be  U  farther  enacted,  That  it  shall  not  be  law-saie  of  liquors 
lul  tor  any  person  to  sell  intoxicating  lupiors  within  !„  one  miie. 
one  mile  of  said  academy,  except  for  meJical  or  sacra- 
mental purposes;  and  anyone  violating  the  provisions 
of  this  section,  shall  be  guilty  of  a  misdemeanor  and  be 
subject  to  indictment,  and  on  conviction  shall  be  timed 
not  less  than  one  hundred  dollars. 

Approved,  February  7,  1861. 


No.  123.]  AN  ACT 

To  incorporate  the  Chulafinnee  Academy,  in  Randolph 

County. 

Section  1.  Be  it  nxnetcd  hy  tJ>e  Soia/r  >iinl  If<nisc^' 
JRrprrscnta  tires  of  the  ^tnic  of  A  hdmma  in  Genrrn!  Acscmfjij/ 
ronrmed^  That  Win.  11.  McRovnolds,  C.  P.  Riltman,  i„t,orporaior 
I.  TI.  McClintnck,  A.  W.  Den  in  a  n,  T.  II.  Bell.  W.  T. 
Wood,  J.  J.  Lcagoii,  Henry  I>lakc,  and  G.  W.  G;iy, 
the}'  and  their  associate?  and  successors  in  office,  be  and 
they  arc  hereby  constituted  a  body  corporate  and  politic 
in  deed  and  in  law,  bv  the  name  and  f^tvle  of  the  *'  Chu- 
6 


1861.  114 

Powers  and priv-lafin nee  Academy,"  and  by  that  name  may  sue  and  be 
^*®**"  sued,  plead  and  be  impleaded,  answer  and  be  answered 

unto,  in  all  kinds  of  actions,  both  in  law  and  equity; 
may  receive  donations,  purchase  property  of  all  kinds, 
whether  real,  personal  or  mixed,  for  the  sole  use  and 
benefit  of  the  said  institution,  the  same  to  hold,  use  or 
dispose  of  at  pleasure,  and  have  and  use  a  common  seal ; 
they  shall  further  be  empowered  to  make  such  rules,  reg- 
ulations and  by-laws  for  the  good  government  of  said 
institution  as  may  be  necessary,  the  same  not  being  re- 
pugnant to  the  constitution  of  the  State  of  Alabama  or 
the  laws  thereof. 
Sale  of  liquors  Sec.  2.  Be  U  fuHhcr  cJiacted,  That  from  and  after  the 
prohibited!  ""^passage  of  this  act,  it  shall  not  be  lawful  for  any  person 
or  persons  to  retail  or  vend  any  spirituous  or  intoxica- 
ting liquors  within  one  mile  or  less  of  said  Ohulafinnee 
Academy,  except  for  medical  purpose ;  and  any  person 
or  persons  offending  against  the  provisions  of  this  sec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction,  upon  indictment  in  the  circuit  court,  shall 
be  fined  in  a  sum  of  not  less  than  one  nor  more  than 
three  hundred  dollars,  at  the  discretion  of  the  jury  try- 
ing the  same. 

!Sec.  3.  Be  it  further  enacted,  That  all  laws  and  parts 
of  lawsincontistent  with  this  act,    are  hereby  repealed. 
Approved,  February  8,  1861. 


No.  124.]  AN  ACT 

To   incorporate   the  Mechanics'    Aid    Association   of 

Selma. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
jRepreseniatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  John  Weedon,  llobert  Hall,  George  F. 
Plant,  William  Beig,  Iliram  Granger,  Thos.  C.  Pierce, 
Simeon  Pierce,  John  Riggs,  George  R.  Boyd,  and  such 
others  as  may  be  associated  with  them  for  that  purpose 
and  their  successors,  be  and  they  are  hereby  created  a 
Name  and  ix)w-  bod}^  Corporate,  by  the  name  and  style  of  the  "  Mechan- 
ics' Aid  Association,"  of  Selma,  with  power  to  sue  and 
to  be  sued,  in  all  the  courts  of  this  state,  of  purchasing 


116  1  61. 

propert}'  of  all  descriptions,  to  make  and  use  a  common 
seal ;  and  generally  to  do  an}^  act  necessary  to  carry 
into  effect  the  objects  of  the  corporation,  not  inconsis- 
tent with  the  constitution  and  laws  of  this  state. 

Sec.  2.    Be  it  further  enacted,  That  the  capital  stock  of^'"'"'''  ^'?'',V*" 

-   .  •1111  1  1111  tlidiisand  dollars; 

this  corporation  shall  be  ten  tliousand  dollars,  to  be  sh.-.r,s  one  hun- 
divided  into  shares  of  one  hundred  dollars  each,  to  be 
paid  in  manner  following  :  Ten  dollars  on  each  share  at 
the  time  of  subscription,  and  the  residue  at  such  times 
and  in  such  instalments  as  the  directors  of  said  corpor- 
ation may  require,  which  capital  stock  may  hereafter 
be  increased  to  any  sum  not  exceeding  fifty  thousand 
dollars;  and  if  any  stockholder  shall  refuse  or  neglect 
to  make  the  payments  as  required,  his  stock  may  be 
sold  by  order  of  the  directors  at  public  sale  in  the  city 
of  Solma,upon  ten  days'  notice  in  a  newspaper  published 
in  said  city,  and  such  stockholder  shall  be  liable  for  the 
balance  due  on  his  subscription  after  the  sale  of  his 
stock,  as  it  becomes  due,  and  may  be  sued  for  the  same 
before  a  justice  of  the  peace  in  the  city  of  Selma,  or  in 
the  circuit  court  of  Dallas  county. 

Sec.  3.  Be  it  further  enacted,  That  books  of  subscrip-oppnincaf books 
tion  for  the  capital  stock  of  said  corporation  shall  Ijq"'''"''"'^^'''!"'*'"- 
opened  at  any  time  within  two  years,  at  such  place  in 
the  city  of  Selma  as  a  majority  of  the  persons  named 
in  the  lirst  section  of  this  act  may  direct,  advertisement 
of  the  time  and  place  being  first  given  tor  ten  days  in 
one  of  the  Selma  newspapers,  which  books  shall  be 
kept  open  until  the  sum  of  ten  thousand  dollars  shall 
be  subscribed  for;  and  the  said  persons  or  a  majority  of 
them  shall  call  a  meeting  of  the  stockholders  as  soon 
as  may  be,  after  the  said  sum  of  ten  thousand  dollars 
shall  be  subscribed,  who   shall  elect  five  directors  to  Election  of  di- 

,,        ,         •  ,.   .■,  , .  /.  rectors  and  olB- 

managc  the  business  or  the  corporation  tor  one  year,  wrs. 
or  until  their  successors  shall  be  chosen.  The  said  direc- 
tors shall  elect  one  of  their  number  as  president,  and 
the  said  president  and  directors  shall  have  power  to 
elect  a  secretary  and  treasurer,  who  shall  give  such  bond 
and  security  as  the  directors  shall  require,  and  receive 
such  salary  as  they  may  agree  upon,  and  shall  be  elected 
annually. 

Sec.  4.     Be  it   further-  enacted,  That  the  object 8  and  objects  and  du- 
dutics  of  said  corporation  shall  be  to  receive  on  deposit 
for  safe   keeping  the   earnings  of  mechanics,  working 
peo[»le  and  others,  to  give  such  depositors  receipts  or 


1861.  116 

other  vouchers  for  said  deposits  :  to  pay  to  said  depoS' 
itors  interest  on  such  terms  and  rates  as  may  be  agreed 
on  with  the  depositors,  or  as  may  be  provided  for  in  the 
by-laws  of  the  company  in  case  of  no  agreement ;  and 
to  repay  the  principal  to  the  several  depositors  on  their 
call,  order  or  check,  or  on  the  surrender  of  the  receipts 
or  vouchers  :  Provided^  That  the  said  company  shall  not 
be  compelled  to  receive  a  smaller  deposit  at  one  time 
than  five  dollars,  nor  to  pay  interest  until  the  sum  of 
twenty  dollars  shall  have  been  deposited  by  any  one 
person,  or  until  it  shall  have  been  on  deposit  for  thirty 
days. 
Security  of  de-  Sec.  5.  Be  it  further  enactcd,  ^Yinito  QQcwve  t\\Q  (\q\ioq- 
poM  ors.  itors  from  loss  by  said    company,  the    capital    stock  of 

said  company  and  all  property  owned  by  it  shall  be 
subject  to  the  debts  and  deposits  of  said  company. 
Investment  of       ^'ec  q.     j^q  f/  farther  enacted,  That  the  capital  stock 

stock ;  may  deal      r>        •  -,  i.  t.  i.  ii 

in  exchange,  &c,  ot  Said  compauy  may  be  invested  m  an}^  stock  issued  by 
the  state,  or  in  the  stock  of  any  of  the  banks  chartered 
b}^  authority  of  the  State  of  Alabama,  or  maybe  loaned 
on  pledges  or  unencumbered  real  estate,  with  bond  and 
mortgage  security;  and  that  said  corporation  may  deal 
in  foreign  and  domestic  exchange,  lend  its  surplus  funds 
on  such  securities  as  the  directors  may  determine,  and 
to  discount  and  purchase  notes  and  bills  of  exchange, 
and  that  it  may  acquire  and  hold  real  estate  as  a  cor- 
poration, and  erect  buildings  thereon  for  the  use  of  the 
company^  not  exceeding  twenty  thousand  dollars  in 
value,  and  such  other  real  estate  as  may  be  acquired  in 
the  wa^^  of  securing  its  debts  or  claims. 
Directors  and  of-  Sec.  7.  Bc  it  further  encictcd,  That  the  business  of 
powers'"''^*'"'*^^^^^  company  shall  be  managed  by  five  directors,  to  be 
elected  annually  by  the  stockholders,  one  of  whom  shall 
act  as  president,  and  tiiat  said  directors  shall  have  power 
to  appoint  a  secretary  and  treasurer,  and  any  other 
officers  that  may  be  required  by  said  corporation;  to  fix 
the  salaries  of  officers,  and  to  require  bonds  of  the 
officers  for  the  faithful  performances  of  their  duties;  and 
further,  shall  have  power  to  make  and  adopt  by-laws 
and  regulations  for  the  government  of  the  compan3'-, 
for  the  management  of  its  business,  for  the  transfer  of 
its  stock,  for  the  loan,  collection  and  investment  of  its 
money;  to  do  and  perform  all  things  that  maybe  neces- 
sary for  the  welfare  of  said  corporation  :  Provided-,  They 


117  1861. 

shall  have  no  power  to  do  anything  contrary  to  the  hnvs 
and  constitution  of  the  State  of  Alabama. 

Sec.  8.  Beit  further  enaeted.  That  the  governor  of  Governor  to  ap- 
tnc  state  may  appoint,  biennially,  three  commissioners  siouers. 
to  examine  into  the  condition  of  said  corporation,  its 
money,  books  and  liabilities,  and  to  report  thereon 
under  oath  :  and  it  shall  be  the  duty  of  the  president 
and  directors  of  the  company  to  afford  said  commission- 
ers every  facility  to  enable  them  to  make  their  exami- 
nation thorough  and  accurate,  and  shall  also  pay  said 
commissioners  each  three  dollars  per  day  for  their  ser- 
vices in  making  said  examination,  not  exceeding  tbirty 
dollars  each. 

Sec.  9.     Be  it  further  enacted.  That  it  shall  be  the  duty  T"  '""'^^  <=o"«'^- 

*"  ^   lions 

of  said  company  to  receive  for  collection  all  promissory 

notes  and  bills  of  exchange,  negotiable   and  payable  at 

its  otfice,  or  at  any  of  the  banks  or  exchange  ofhces  in 

the  city  of  Selma,   which  may  be  lett  at   its    ottice  for 

that  purpose,  as  much  as  ten  days  before  their  maturity, 

free  of  charge;  and  that  all  notes  and  bills  of  exchange 

negotiable  and  payable  at  the  office  of  said  corporation 

shall  be  governed  in  all  tilings    by  the    law    merchant, 

except  so  far  as  the  same  is  changed  by  the  law  of  the 

state,  and  shall  be  entitled  six  days  of  grace;    and  pro- six  days  gran. 

vided  that  the  rates  of  discount  shall  in  no  case  exceed 

that  established  for  the  regulations  of  the   Commercial 

Bank  of  Alabama,  at  Selma,  in  its  charter. 

Sec.  10.  And  be  it  farther  enacted.  That  James  G.  L. 
Martin,  Edward  B.  Young,  Eli  S,  Shorter,  Clayton  R. 
Woods,  William  H.  Chambers  and  John  McXab,  and 
such  others  as  may  be  associated  with  them  for  that 
purpose,  and  their  successors,  be  and  they  are  hereby 
created  a  body  corporate,  b}'  the  name  and  style  of  the 
"  Eufaula  Savinirs  Association,"  and  all  the  provisions  I'ufauia  Pavingi 

,.   ,,   .  ^   .  '.  i       .1        AT       1  •       .     *  •  1      A  •       Association. 

ot  tins  act  in  r(!tcrcnce  to  the  Mechanics  Aid  Associa- 
tion arc  extended  to  the  said  Eufaula  Savings  Associa- 
tion, except  that  the  acts  authorized  or  required  to  be 
done  in  the  city  of  Selma  shall  be  done  in  the  city  of 
Eufaula,  and  the  suits  provided  for  shall  be  brought 
bi'fore  some  justice  of  the  peace  in  the  said  city  of 
Eufaula,  or  in  the  circuit  court  of  the  county  of  Bar- 
bour; and  the  said  association  shall  l>e  autliorizcd  at  any 
time  to  increase  their  capital  stock  to  fifty  thousand 
dollars,  upon  the  same  conditions  and  restrictions. 


1861.  118 

seima  Planters;  Sec.  11.  Bc  U  farther  eiiactcd,  That  the  foregoing 
inslir^ce''co"^*f''^'"'^^ii*56saiKl  privileges  herein  granted  the  Mechanics' 
Aid  Association,  are  extended  and  granted  to  the  Plan- 
ters' and  Merchants'  Insurance  Company,  at  Selma,  and 
that  said  corporation  is  hereby  authorized  and  empow- 
ered to  avail  itself  of  all  of  the  provisions  of  this  act, 
and  may  in  addition  to  the  insurance  business  carry  on 
the  business  of  a  savings  institution,  according  to  the 
provisions  of  this  act. 

Approved,  February  8,  1861. 


No.-  125.]  AN  ACT 

To  revive  the  act  to  incorporate  the  Alabama  Direct 
Trade  and  Exchange  Company,  approved  February 
5th,  1852,  and  the  supplemental  act  thereto,  approved 
February  17th,  1854. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Price  Williams,  O.  Mazange,  John  J. 
Walker,  Francis  B.  Clark,  John  II.  Garner,  James  B. 
Gladney,  Wm.  S.  Price  and  L.  M.  Wilson,  be  and  they 
or  an}''  three  of  them  who  may  organize  under  this  act, 
and  their  associates  are  hereby  created  a  body  corporate, 
with  all  the  powers,  privileges  and  immunities  embraced 
in  an  actentitled  "An  act  to  incorporate  the  Alabama 
Direct  Trade  and  Exchange  Companies,"  approved 
February  5th,  1852,  and  "  An  act  supplemental  to  an  act 
to  incorporate  the  Alabama  Direct  Trade  and  Exchange 
Company,"  approved  February  17th,  1854. 

Approved,  February  6,  1861. 


No.  126.]  AN  ACT 

To  amend  an  act  approved  25th  February,  1860,  incor- 
porating the  Opelika  Insurance  Company,  and  for 
other  purposes. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,.  That  the  time  within  which  the  books.of  sub- 


119  1861. 

ecription  of  the  Opelika  Insurance  Company  should  Extension  of 
have  been  opened,  under  the  provisions  of  the  act  ofl|;;;*;**^*"''*"'P- 
incorporation,  approved  25th  day  of  February,  1860, 
be  and  the  same  is  hereby  extended  until  the  first  day 
of  September,  1862  ;  and  tliat  Natlianiol  Sledji'e,  Hous- 
ton L.  Griffin,  John  Edwards,  John  Floyd,  Andrew  B. 
Griffin,  jr.,  and  Andrew  13.  Griffin,  sr.,  be  added  to  the 
number  ot  superintendents  thereof. 

Sec.  2.  Be  it  further  enacted,  That  all  the  rights,  priv- Privileges  ex- 
ileges  and  immunities  conferred  on  theTuskogee  Insu- 
rance Company,  by  an  act  approved  the  10th  day  of 
January,  1856,  be  and  they  are  hereby  extended  to  and 
conferred  upon  the  "Opelika  Insurance  Company,"  and 
thCv"  Alabama  Insurance  and  Exchange  Company,"  at 
Tu^kegee,  so  tar  as  applicable. 

Sec.  3.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  contravening  the  provisions  of  this  act,  be  and 
thev  are  hereby  repealed. 

^  Sec.  4.  Be  it  further  enacted,  That  the  words  and  In^c^nl^^'.' 
figures  1861,  in  the  3d  section  of  an  act  to  incorporate 
the  LaFayette  Insurance  Company,  approved  February 
24th,  1860,  be  stricken  out  and  the  words  1862  be  inser- 
ted in  lieu  thereof.  And  that  the  proviso  in  the  fifth 
section  of  said  act  be  amended,  by  striking  out  the 
words,  "pay  out  or  circulate  the  notes  of  foreign  banks :" 
Provided,  That  the  General  Assembly  may  at  any  time 
hereafter  alter,  modifj- or  repeal  this  charter  :  And  pro- 
vided further.  That  nothing  contained  in  this  act  shall  K^^fictiona. 
be  construed  as  conferring  upon  said  companj'  banking 
powers  or  privileges:  And  provided  furthir,  That  no 
bank  note  or  bill  issued  or  made  bj'  any  bank  created 
or  established  by  the  authority^  of  any  of  our  sister 
8tate8,or  of  an}'  foreign  country,  shall  be  paid  out  under 
an}'  circumstances  by  the  company  created  by  this  act, 
or  by  any  of  its  officers  or  agents,  under  the  penalty  of 
forfeiture  of  the  charter  by  this  act  created. 

Approved,  February  9,  1861. 


1861.  120 

No.  127.]  AN  ACT 

To  revive  and  amend  the  Charter-and  change  the  name 
of  the  South  Ahibania  Mining,  Manufacturing  and 
Transportation  Compan}-. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  o/ 
Hcprcscniatkcs  of  tJte  State  of  Alabama  in  General  Assembly 
conceited,  That  the  name  of  the  South  Ahibania  Mining, 
jNIanufacturing  and  Transportation  Company,  chartered 
by  an  act  approved  the  18th  day  of  February,  1854,  be 
Kaine   changed  changed  to  that  of  the  Shelby  Coal  Rail  Road  Conjpany, 
Kairroad"  Com- and  by  that  name  shall  be    and  hereby  is  revived  and 
^^''•''  invested  with  all  the  rights,  powers,  privileges  and  func- 

tions conferred  by  said  act  to  as  full  and  complete  etfect, 
as  if  the  said  act  were  herein  fully  recited  :  Provided, 
howecer.  That  in  lieu  of  the  fourth  section  of  said  act, 
there  shall  be  and  hereby  is  substituted  as  follows: 
rjgbtsandpow-rji|-^^^   the   said   company  shall   have   the   right,  by  its 

ors  conferred.  .  r        ./  .        ,     ^      /        •     ^ 

agents,  engineers,  surveyors  and  servants,  to  enter  into 
and  upon  all  lands,  tenements  and  enclosures,  to  locate, 
establish  and  construct  such  rail  roads  as  they  may  deem 
necessary  for  carrying  on  the  business  of  transporting 
coal  and  other  property  and  materials  ;  and  they  shall 
have  the  right  to  cross  with  their  rail  roads  any  estab- 
lished, or  to  be  established  rail  roads  or  other  roads, 
provided  the  passage  of  such  rail  or  other  roads  shall 
not  be  impeded ;  and  may  cause  any  roads  or  ways  to 
be  changed  or  altered  if  the}-  shall  deem  it  necessary  in 
order  that  any  rail  road  or  rail  roads  of  said  company 
may  be  made  on  the  best  sites  or  routes  for  the  pur- 
poses of  said  company ;  and  said  company  shall  put 
said  altered  roads  and  ways  in  as  good  condition  as  at 
the  time  of  altering  or  changing  the  same;  and  said 
May  diarKfi  tolls eompany  may  charge  toll  and  freight,  and  transport  for 
ireigi,  ■''•jj-^,g  property  and  persons,  and  are  authorized  to  con- 
tract for  and  receive  conveyances  for  rights  of  way  and 
laud  for  the  construction  of  said  rail  road  ;  and  for 
dejjots,  stations,  side  tracks,  turnouts,  yards,  cuttings, 
embankments,  buildings,  structures,  places  of  deposit 
for  coal  and  other  property,  and  for  wastebanks,  and 
for  obtaining  timber,  lumber,  stone,  gravel,  and  other 
materials,  such  and  so  much  laud  as  may  be  necessaiy 
or  convenient  for  the  construction,  security  and  main- 
tenance of  their  said  rail  roads,  and  the  prosecution  and 


121  1861. 

cnrrying  on  the  business  thereof;  and  in  case  the  said 
company  and  owner  or  owners  of  tlie  h\nd  which  may 
be  required  for  the  purposes  herein  mentioned,  shall 
fail  to  agree  on  the  price,  or  trom  any  other  cause  the 
said  company  should  be  unable  to  procure  the  right  to 
the  use  of  the  same,  the  said  company  may  cause  said '^'s'>i  "f.  ■"py- 
lands  to  be  condemned  to  their  use  in  the  manner  pre- 
scribed in  the  fifth  section  of  an  act  entitled  "An  act  to 
amend  the  charter  of  the  Alabama  and  Tennessee 
Rivers  Rail  Road,"  approved  the  18th  day  of  February, 
1852;  and  the  company,  for  the  purpose  of  condeming 
said  lands  and  rights  of  way,  required  as  aforesaid,  and 
of  obtaining  titles  to  the  use  ot  the  same,  shall  have 
and  exercise  all  the  powers,  rights,  privileges,  and  im- 
munities, and  proceed  in  the  same  manner  and  form, 
mutnlis  mutandis,  and  be  subject  to  the  same  restrictions 
and  limitations  as  arc  granted  to  and  are  imposed  upon 
the  Alabama  and  Tennessee  Rivers  Rail  Road,  by  the 
fiftli  section  of  the  act  aforesaid :  Provided,  Jicverthclefs, 
That  no  rights  of  way  for  the  tracks  of  any  rail  road  to  Extent  to  whirii 
be  constructed  under  this  act  shall  be  condemned  over(k"mn'^d?  "^'^''" 
two  hundred  feet  wide,  nor  over  ten  miles  in  length  : 
And  provided  further.  That   the   condemnation  of  lands  Rights  acquirci 

T         ,1   •  J.     /-i  1      •  •  1  "111       by  condemnation 

under  this  act,  (the  money  being  paid  as  provided  by 
said  fifth  section)  shall  vest  in  this  company  the  rights 
of  way,  and  all  power  over  the  lands  so  condemned 
that  may  be  necessary  for  the  full  and  complete  use 
thereof  for  the  purposes,  objects,  and  business  of  the 
company  during  the  existence  of  this  corporation,  but 
shall  not  divest  the  fee  nor  the  reversion  from  the  owner; 
and  all  damages  to  be  assessed,  shall  be  assessed  accor- 
dingly. 

Siiu.  2.     Be  it  further  macied.  That  no  appeal  which  Appeal   not  t.. 

1  1  1  1  ■•  ii'i     iiivi    "iii'lH'nd    opera- 

may   be  takeu    under  the    provisions  oi  the  said  titthtions. 

section  of  the  act  aforesaid,  or  any  writ  or  other  legal 

process  taken  or  sued   out,  to  jtrevent,  or  which   may 

cause  a  delay  in  obtaining  a  final  decision  in  regard  to 

damages  on   the  condemnation  of  hind    fr»r  the  use  of 

said    company,  shall   have  the  effect  of  suspending  the 

right  of  said  company  to  proceed  in  the  construction  of 

their  roads:  Provided,  Said  company  will  give  bond  and 

security,  to  be  approved  by  the  judge  of  the  probate 

court  in  the  county  in  which  the  roads  or  greater  part 

thereof  nifiy  be  situated,  ]>jiyable  to   the  owner  of  the 

land  if  known,  and  if  not,  then  to  the  sai<l  judge  for 


1861.  122 

the  use  of  the  owner,  conditioned  to  pay  all  such  costs 
and  damages  as  may  be  judged  against  said  company 
on  the  final  deci.sion  of  the  case. 
Approved,  February  5,  1861. 


No.  128.]  AN  ACT 

To  amend  an   act  entitled  An  act  to  incorporate  the 
South  Western  Rail  Road  Company. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assemhhj 
convened^  That  an  act,  entitled  "An  act  to  incorporate 
the  South  Western  Rail  Road  Company,"  approved 
January  21st,  1860,  be  and  the  same  is  hereb}'  amended 
by  striking  out  the  words,  "  Girard  Rail  Road  Com- 
pany," where  they  occur  in  the  fifteenth  line  of  the 
second  section  of  said  act,  and  inserting  in  lieu  thereof 
the  words,  "Montgomery  and  EufaulaRail  Road  Con)i- 
pany,"  approved  on  the  13th  of  January,  1860. 

Approved,  February  8,  1861. 


No.  129.]  AN  ACT 

To  amend  the  Charter  of  the  town  of  Tuskec-ee. 


'S 


Section  1.     Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
co\mcnma.y\evy  convened,  That  the  act  incorporating  the  towu  of  Tus- 
tax.  kegee  be  so   amended   that  the  town  council  be  author- 

ized  to   levy  an    annual  tax,  not  to  exceed  the  sum  of 
three  thousand  dollars,  for  the  purposes  set  forth  in  said 
act  of  incorporation. 
Approved,  February  8,  1861. 


123  1861. 

^o.  130.]  AN  ACT 

To  repeal  Section  Sixth  of  An  act  approved  February 
the  21st,  1860. 

Section  1.  J^e  it  enacted  hj/  the  Senate  and  J/ouse  of 
Hepresentatires  of  the  iStafe  of  Alabama  in  General  Assembly 
comxncd^  That  the  sixth  section  of  the  act  entitled  "An 
act  to  incorporate  the  Lauderdale  Manufacturing  Com- 
pany," approved  February  21st,  1860,  be  and  the  same 
is  hereby  repealed. 

Approved,  January  25,  1861. 


No.  131.]  AN"  ACT 

To  amend  An  act  to  incorporate  the  Southern  Express 
Company,  approved  February  23d,  1860. 

Skctiox  1.  IBe  it  enacted  by  the  Senate  and  House  oj 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
co7ivencd,  That  the  sixth  section  of  the  "act  to  incor- 
porate the  Southern  Exjjress  Company,"  approved 
February  23d,  1860,  be  and  the  same  is  hereby  repealed, 
and  that  in  all  other  particulars  said  act  is  revived  and 
continued  in  force. 

Approved,  February  9,  1861. 


Xo.  132.]  AN  ACT 

To  amend  a  certain  act  therein  named  in  relaticm  to 
the  Alabama  Insurance  and  Exchange  Company  at 
Tuskegee. 

Section  1.     Be  it  enacted  by  tlic  Senate  and  Jfouse  of 
Represaitatives  of  the  State  of  Abibama  in  General  Assembly 
convened,  That  so  much  of  tlic  3d  section  of  an  act,  ap- Time  of  opening 
proved  January  10th,  1856,  to  incorporate  the  Tuskegee  l;;i?|Juonexundl 
Insurance  Company,  as  requires  the  books  of  subscrip- tui- 
tion to  be  opened  on  the  first  da}'  of  July  (then)  next, 
80  far  as  the  same  is  applicable  to  the  act  "to  incorpor- 
ate the  Alabama  Insurance  and  Exchange  Company, 
at  Tuskegee,"  approved  February  25th,  1860,  be  so  con- 


1861.  124 

strued  as  to  extend  the  time  to  the  first  day  of  January, 
A.  D.  1863;  and  tliat  said  Ahibama  Insurance  and  Ex- 
change Company  shall  be  and  is  hereby  authorized  to 
open  books  of  subscription  at  any  time  prior  to  the 
said  first  day  of  January,  1863. 

Sec.  2.     Be  it  further  enacted,  That  the  2d  section  of 
the  said  act  "  to  incorporate  the  Alabama  Insurance  and 
Exchange    Company,  at    Tuskegee,"    be   amended    by 
adding  thereto,  "except  as  provided  in  the  act  referred 
to,  'to  incorporate  the  Tuskegee  Insurance  Company','' 
and  that  the  said  second  section   shall  read  as  follows: 
Nobankingpow- That  nothing  contained  in  this  act  shall  be  construed 
as  conferring  on  said  company  banking  powers  or  privi- 
leges, except  as  provided   in  the  act  to  incorporate  the 
said  Tuskegeelnsurance Company  :  Prodded,  iSaid  com- 
pany shall  not  exercise  banking  powers  or  privileges: 
Restrictions   as  jliid  provided  further,  Tliat  no  bank  note  or  bill  issued 
banifbuisf  °"  or  made  by  any  bank   created  or   established   by  the 
authority  of  any  of  our  sister  states,  or  of  any  foreign 
country,  shall  be  paid  out  under  any  circumstances  by 
the  company  created  b}'  this  act,  or  by  any  of  its  offi- 
cers or  agents,  under  the   penalty  of  forfeiture  of  the 
charter  by  this  act  created. 
Approved,  February  8,  1861. 


No.  133.]  AN  ACT 

Amendatory  of  An  act  to  incorporate  the  Bank  of 
Alabama,  and  for  other  purposes,  appi'oved  February 
13th,  1860. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  (Tcneral  Assembly 
convened,  That  the  words  "one  year"  wherever  they 
occur  in  the  said  act,  entitled  an  act  to  incorporate  the 
Bank  of  Alabama,  and  for  other  purposes,  approved 
February  13th,  1860,  be  and  the  same  are  hereby  stricken 
out,  and  that  the  words,  "  two  years,"  be  and  the  same 
are  hereby  inserted  in  lieu  of  the  words  so  stricken  out, 
that  is  in'lieu  of  the  words  "  one  year,"  wherever  those 
words  occur  in  the  said  act. 

Approved,  February  5, 1861. 


125  1801^. 

Ko.  134.]  A^  ACT 

To  amend  A)i  act  to  incorporate  tlie  Lawrenceville  Male 
and  Female  Academy,  in  Henry  county,  so  far  as  the 
Gadsden  Male  and  Female  Academy,  in  Cherokee 
county,  is  concerned. 

Section.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Heprescntatices  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  third  section  of  an  act  entitled  "An 
act  to  incorporate  the  Lawrenceville  Male  and  Female 
Academy,  in  Henry  county,  and  for  other  purposes," 
approved  January  2'2d,  1858,  be  so  amended,  and  the 
f?ame  is  hereby,  as  to  allow  the  sale  of  vinous  and  spir- 
ituous liquors,  by  the  barrel,  within  one  mile  of  the 
Gadsden  Male  and  Female  Academy,  in  Cherokee 
county. 

AmiovED,  February  8,  1861. 


No.  135.]  AX  ACT 

To  amend  An  act  to  incorporate  the  Alabama  Annual 
Conference  of  the  Methodist  Episcopal  Church  South. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened ,  That  an  act  entitled  "An  act  to  incorjioratcMayhouireai 
the  Alabama  Annual  Conference  of  the  Methodist pjopc'r™''' 
Episc(>[)al  Church  South,"  be  and  the  same  is  hereby 
amended  so  as  that  the  said  corporation  may  receive 
and  hold  real  and  personal  property  to  the  value  of  one 
hundred  and  fifty  thousand  dollars,  to  be  employed 
under  the  direction  of  the  said  trustees  for  the  advance- 
ment of  the  interests  of  rcliij^ion  and  education  and  for 
charitable  purposes,  as  provided  for  in  said  act  of  incor- 
poration. 

Approved,  January  31,  1801. 


1861.  126 

'  "  No.  13(3.]  AN  ACT 

To  amend  an  act  entitled  "An  act  to  incorporate  the 
Mechanics'  Aid  Association,  of  Mobile,"  approved 
February  24th,  1860. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
stockholder  can.  coriz;e??cfi?,  That  for  the  greater  security  of  persons  deal- 
"•wlnndcbted  ing  with  said  corporation,  the  stock  thereof  shall  not 
to  corporation,   -be"  transferable  in  any  case  where  the  stockholder  is 
indebted,  or  liable  as  drawer,  endorser,  or  acceptor  of 
any  note,  bill,  or  other  obligation  held  and  owned  by 
the  corporation  ;  and  such  stock  shall  remain  and  be 
held,  under  the  lien  hereby  created,  until  such  indebt- 
edness or  liability  c>hall  be  fully  paid  or  canceled.     And 
if  the  same  be  not  fully  paid  within  thirty  days  after 
the  maturity  thereof,  then  it  shall  be  lawful  for  said 
corporation  to  sell  said  stock:    Provided,  Thirty  days' 
notice  of  such  sale  be  given  to  the  owner  thereof;   or 
the  said  corporation  may  itself  retain  said  stock,  by 
paying  the  excess  over  and  above  said  indebtedness  to 
the  owner  thereof. 
Division  of  Sec.  2.     Be  it  further  enacted,  That  the  capital  stock 

hMdred^dVa^rs  of  said  corporatiou  shall  be  divided  into  shares  of  one 
cStai°8*toTk.*'°^ hundred  dollars  each,  and  that  said  corporation  shall 
have  power  from  time  to  time  to  increase  its   capital 
stock  to  a  sum  not  exceeding  one  hundred  thousand 
dollars,  by  a  vote  of  the  trustees  thereof;  and  they  may 
prescribe  the  terms  of  payment  of  such  increased  stock, 
and   the  stockholders  may  themselves  make  up   the 
amouut  of  such  increased  stock  by  a  proportional  as- 
sessment on  their  former  stock;  every  such  increase  of 
stock  shall  be  held,  used,  and  employed  for  the  same 
purposes  and  objects  as  the  sum  of  ten  thous'and  dollars 
originally  provided  for. 
No  pay  to  trus-     Sec.  3.     Bc  it  farther  enacted,  That  no  trustee  shall  be 
*®®^-  entitled  to  any  compensation  for  services  as  such  trus- 

tee, but  the  president  thereof  shall  receive  such  com- 
pensation as  the  board  of  trustees  may  direct. 
Charge  for  col-     Sec.  4.     Be   it  farther  enacted.    That   for   collecting 
lections.  notes,  drafts,  and  bills  of  exchange  owned  or  held  by 

non-residents,  said  corporation  may  charge  such  com- 
missions or  per  centage  as  is  usual  to  be  charged  for 
such  services  by  private  banking  houses  in  this  state. 


127  1861. 

Sec.  5.     Be  it  farther  enacted,  That  the  proviso  to  the 
eleventh  section  of  said  act,  approved  Fchrnar}'  24th, 
1860,  he  stricken  out,  and  the  following  in  lieu  thereof 
he  inserted,  viz:  That  said  corporation,  in  addition  to  [",15*!"°"'  ^^ 
the  investment  heretofore  authorized,  may  invest  its 
funds  in  the  capital  stock  of  any  bank  or  other  institu- 
tion chartered  by  this  state,  and  receive  in  trust  or  on  May  recdrc  de- 
deposit  all  funds  that  may  be  ottered  to  it,  whether  on '"""'^' 
interest,  current  account,  or  otherwise:  Provided,  Said 
corporation   shall   not  discount  any  bill  of  exchange, 
draft,  or  promissory  note  at  a  rate  of  interest  exceeding 
eight  per  cent,  per  annum. 

Sec.  6.  And  be  it  further  enacted,  That  all  acts  and 
parts  of  acts  conflicting  with  the  provisions  of  this  act 
be  and  the  same  are  hereby  repealed. 

Approved,  February  5,  1861. 


iS^o.  137.]  AN  ACT 

To  amend  the  Charter  of  the  City  of  Montgomery. 

Section  1.     Be  it  enacted  bj  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  Genercd  Assembly 
convened,  That  from  and  after  the  passage  of  this  act  an  Appeal  from 
appeal  may  be  had  to  the  first  circuit  or  county  court Cly^rTo^c^rcuu 
of  Montgomery  county  to  be  held,  upon  all  judgments  ""^"""'J'™"^'' 
rendered  by  the  mayor  and  aldermen  of  the  city  of 
Montgomery,  and  upon  the  same  terms  and  conditions 
as  is  prescribed  b}'^  law  in  cases  of  appeal  fro!n  the  de- 
cisions of  justices  of  the  peace,  and  shall  be  tried  at  the 
first  term   unless  a  continuance  is  allow'cd  to  cither 
party:  Provided,  That  in  such  cases  of  ap[»eal  there  shall 
be  no  ai>peal  from  the  county  to  the  circuit  court. 

Appuuved,  February  1,  1861. 


»Ko.  138.]  AN  ACT 

To  amend  the  Charter  of  the  incorporation  of  the  town 
of  0[>elika. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 


1861.  128 

Convened,  That  in  addition  to  the  powers,  antliorit}'  and 
privileges  granted  to  the  intendent  of  the  town  of  Ope- 
lika  in  the  Code,  provision  for  the  incorporation  of 
towns,  &c.,  is  hereb}'  invested  with  the  following:  The 
intemicnt   mny  j,j|;gii(]e,j^;  j^^g  f^^]}  power  to  punish  for  contempt  in  the 

punish  contempts  1  i  t  i       • 

and  niuy  tine  and  same  manner  and  under  the  same  rules  and  regulations 
^nrprison  o  '^"'"  p^gg^j-i^^gj  jjy  ^j^g  Code  of  Alabama  in  reference  to  the 

punishment  for  contempt  of  justices  of  the  peace.  He 
has  full  powers  to  try  all  oftences  against  the  ordinances 
and  by-laws  of  the  corporation  without  regard  to  the 
amount  of  the  fine  or  forfeiture,  and  to  punish  the 
offender  both  by  fine  and  imprisonment  in  the  manner 
that  may  be  prescribed  by  said  ordinances- and  by-laws. 
St?nded%'nro'^'  SECTION  2.  Be  U  further  enavtcd,  That  the  present 
Macon  county,  jjouiulary,  uow  a  circle,  be  changed  to  a  square,  em« 
bracing  the  following  sections,  as  follows,  to  wit :  To 
embrace  in  the  county  of  Russell,  sections  seven  and 
eighteen,  and  the  west  halves  of  sections  eight  and 
peventeen  in  township  nineteen,  range  twenty-seven, 
a)id  the  east  halves  of  sections  twelve  and  thirteen  in 
township  nineteen,  range  twenty-six,  in  Macon  county, 
all  in  the  State  of  Alabama;  and  that  all  persons  included 
by  this  extension  into  Macon  county,  and  within  the 
said  corporate  limits,  be  subject  to  all  the  conditions, 
liabilities  and  penalties  imposed  by  the  laws  and  ordi- 
nances of  said  corporate  authorities  and  entitled  to  all 
the  privileges  therein  granted. 
Ai'l'ROVEi>,  February  8,  18G1. 


No.  139.]  AK  ACT 

For  the  relief  of  Lucretia  Davidson. 

Section  1.  Be  it  enacted  b)/  the  Senate  and  House  of 
Hepresentaikes  of  the  State  of  Alabama  in  General  Assembly 
concened,  That  the  register  of  the  chancery  court  of 
Montgomery  county,  or  the  chancellor  of  the  southern 
chancery  division,  is  hereby  authorized  to  appoint 
Change  of  tnis- Alexander  F.  Given  trustee  for  Lucretia  Davidson, 
either  with  or  without  bond,  as  she  may  elect,  instead 
of  James  Davidson,  upon  his  filing  his  resignation  of 
his  trust  with  said  register;  and,  as  soon  as  such  ap- 
pointment is  made,  the  trusteeship  and  trust  property 


129  1861. 

of  said  Lucretia  shall  be  removed  from  the  jurisdiction 
of  the  chancery  court  of  Coosa  or  Autauga  counties 
and  become  subject  to  the  jurisdiction  of  the  chancery- 
court  of  Montgomery  county. 
Approved,  February  6,  1861. 


No.  140.]  AN  ACT 

For  the  relief  of  the  late  Sheriff  of  Tuscaloosa  County. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  sum  of  four  hundred  and  nineteen 
dollars  and  ninety  cents  be  and  the  same  is  hereby 
appropriated  to  Ezekiel  Anders,  jr.,  late  Sheriff  of 
Tuscaloosa  county,  in  payment  of  his  accounts  for 
boarding  sundry  prisoners  as  therein  stated. 

Section  2.  Be  it  farther  enacted,  That  the  comp- 
troller draw  his  warrant  on  the  treasurer  for  the  same 
sum,  to  be  paid  out  of  any  money  not  otherwise 
appropriated. 

Approved,  January  29,  1861. 


No.  141.]  AN  ACT 

For  the  relief  of  the  children  of  Gabriel  Wharton  Long. 

Section  1.     Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Henry  Clay  Long,  John  Pytchlin  Long  Keiievcs  from 
and  Albert  Gallatin  Long  are  hereby  relieved  of  all  thejl;,';^^;,";,'^';,';  ^f;, 
penalties  and   disabilities  contained  in  sections  2276j'""»  "f  ^'s*^'' 
and  2277  of  the  code  of  Alabama,  and  that  they  may  do 
and  perform  all  things  from  which  they  are  excluded  in 
said  sections,  the  same  as  if  they  had  been  born  free 
white  persons. 

Approved,  February  2,  1861. 
9 


1861.  130 

Ko.  142.]  AN  ACT 

For  the   relief  of  "W.  D.  Ferryman,   Sheriff  of  the 
county  of  Butler. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  o/ 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  comptroller  of  public  accounts  be 
authorized  to  draw  his  warrant  on  the  state  treasurer 
in  favor  of  W.  D.  Ferryman,  sheriff  of  Butler  county, 
for  the  sura  of  two  hundred  and  three  dollars  for 
expenses  in  apprehending  Andrew  Sims,  Griffin  Hol- 
loway  and  John  Odum,  fugitives  from  justice,  to  be 
paid  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

Approved,  February  9,  1861. 


No.  143.]  AN  ACT 

For  the  relief  of  Burrell  Johnson  and  other  persons 
therein  named  of  Ferry  county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  attorney-general  be  and  he  is  hereby 
authorized  to  make  an  entry  of  satisfaction  on  a  judg- 
ment in  the  circuit  court  of  Montgomery  county, 
upon  execution  issued  on  said  judgment  in  favor  of  the 
State  of  Alabama  against  Burrell  Johnson,  tax  col- 
lector of  Perry  county,  and  John  H.  Stone,  C.  J. 
Fhillips,  W.  R.  Brown  and  W.  A.  Sanders,  his  securi- 
portionof  judg-ties:  Provided,  All  said  judgment  has  been  or  shall 
ment  to  be  pail  jjQj.gr^ft;gj.  \^q  paid,  cxccpt  the  sum  of  two  thousand 
three  hundred  and  sixty-seven  37-100  dollars,  being  the 
damages  exclusive  of  the  principal  and  interest  of  the 
actual  default  of  said  tax  collector,  which  said  damages, 
amounting  to  said  sum,  are  alone  intended  to  be  hereby 
relinquished. 

Approved,  February  1,  1861. 


IBl  1861. 

:N"o.  144.]  AN  ACT 

For  the  relief  of  John  II.  Norwood  and  others,  of  Jack- 
son county. 

Whereas,  a  forfeiture  of  one  hundred  doUars  was 
taken  against  John  II.  Norwood,  probate  judge  of  Jack- 
sou  county  and  his  sureties  in  the  circuit  court  of  Mont- 
gomery county,  at  tlie  fall  term,  1860,  thereof,  for  fail- 
ing to  make  out  and  return  to  the  comptroller's  office, 
an  abstract  of  the  state  taxes  for  the  year  1859,  and  it 
now  appearing  that  said  abstract  of  state  taxes  has  been 
filed,  and  the  amount  thereof  paid  over  to  the  tax  col- 
lector of  said  county,  therefore, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  governor  be  and  he  is  hereby  author- 
ized to  remit  said  forfeiture,  or  such  part  thereof,  as  to 
him  shall  seem  just. 

Approved,  February  8,  1861. 


No.  145.]  AN  ACT 

For  the  relief  of  the  heirs  of  J.  W.  Kilpatrick,  deceased. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  o/Renrits    »m.(-y 
Rcpresentaiives  of  the  State  of  Alabama  in  General  Assembly  ^^^    '"  '*'****■ 
convened^  That  the  comptroller  of  public  accounts  be 
and  he  is  hereby  authorized  and  required  to  draw  his 
warrant  on  the  treasurer  for  the  sum  of  thirty  dollars, 
in  favor  of  W.  D.    Walden   and   W.    T.    Stubblcficid, 
administrators  of  the  estate  of  J.  W.  Kilpatrick,  de- 
ceased, paid  by  him  for  retail  license,  to  be  paid  out  of  Money  to  be 
any  money  in  the  treasury  not  otherwise  appropriated,  bounty  t^^" 

Sec.  2.  Be  it  further  enacted,  That  the  judge  of  pro- "'7  of  coosa. 
bate  for  Coosa  county,  be  and  he  is  hereby  authorized 
and  required  to  draw  his  warrant  on  the  county  treas- 
urer of  said  county  for  the  sum  of  twenty-four  dollars, 
to  be  paid  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  in  favor  of  W.  T.  Stubblcficid  and 
W.  D.  Walden,  administrators  of  the  estate  of  J.  AV. 
Kilpatrick,  deceased,  paid  by  him  for  retail  license. 

Approved,  February  8,  1861. 


1861.  182 

Xo.  146.]  ^  AN  ACT 

For  the  relief  of  Wm.  M.  Glass,  of  Bibb  county. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  sum  of  one  hundred  and  forty  dollars 

Pay  for  arresting  be  and  the  samc  is  hereby  appropriated  to  William  M. 

criminals.  Qjass,  ou  account  of  expeuscs  incurred  by  him  for 
arresting  one  Samuel  Oakes  and  one  Thomas  Head,  in 
Bibb  county,  for  horse  stealing,  and  delivering  the  said 
Samuel  Oakes  to  the  proper  authorities  at  Columbus, 
Georgia,  and  the  said  Thomas  Head  to  the  proper  au- 
thorities in  Tallapoosa  county,  Alabama. 

Sec.  2.  Be  it  further  enacted,  That  the  comptroller 
be  and  he  is  hereby  authorized  and  required  to  draw  his 
warrant  upon  the  treasurer  in  favor  of  William  M. 
Glass,  for  the  said  sum  of  one  hundred  and  forty  dollars, 
to  be  paid  out  of  any  money  in  the  treasury  not  other- 
Avise  appropriated. 
Approved,  February  8,  1861. 


No.  147.]  AN  ACT 

For  the  relief  of  William  A.  Noel. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  chancellor  of  the  northern  division 
Trust  removed  be  autliorizcd,  if  iu  his  opinion  the  interests  of  the 
T-aneas.  bej^ieficlarics  of  the  trust  will  be  advanced,  or  not  pred- 
judiced  thereby,  to  grant  permission  to  William  A. 
Noel,  trustee  under  the  will  of  James  Noel,  deceased, 
of  Elizabeth  Beloats  and  William  Claiborne,  to  remove 
the  property  of  his  cestui  que  trusts  to  the  State  of  Ar- 
kansas, upon  his  giving  such  bond  as  the  chancellor 
may  direct. 

Approved,  February  8, 1861. 


133  1861. 

No.  148.]  AN  ACT 

For  the  relief  of  George  G.  Henry,  of  Mobile  county. 

Section  1.  Be  it  ciiacUd  hy  the  Senate  and  House  of 
Beprcscntaiives  of  the  Stutc  of  Alabama  in  General  Assemhhj 
convened.  That  the  comptroller  of  public  accounts  be  Excessof  tax  re- 
and  he  is  hereby  authorized  to  drawn  his  warrant  on 
the  treasurer,  in  favor  of  George  G.  Henry,  of  Mobile 
county,  for  the  sum  of  two  hundred  and  ninety-one  dol- 
lars and  thirtj^-seven  cents,  being  excess  of  taxes  over- 
paid by  him  in  consequence  of  error  in  valuation  of  real 
estate  in  the  assessment  of  taxes  against  him  for  the 
years  1855  and  185G,  which  said  amount  has  been  here 
toforo  paid  into  the  state  treasury'. 

ArrRovED,  February  8, 1861. 


No.  149.]  AN  ACT 

For  the  relief  of  R.   F.    Campbell,  Tax  Collector   of 
Choctaw  county. 

Section  1.  Beit  enacted  hy  the  Senate  and  House  of 
Bepresentatices  of  the  State  of  Alabama  in  General  Assembli/ 
convened,  That  the  comptroller  of  public  accounts  be 
authorized  to  draw  his  warrant  on  the  treasurer  of  the 
state,  in  favor  of  R.  F.  Campbell,  tax  collector  of  Choc- 
taw county,  tor  the  sum  of  seventy-one  dollars  and 
twenty-one  cents,  to  be. paid  out  of  any  moneys  in  tlic 
treasury  not  otherwise  appropriated,  the  same  being  the 
amount  of  sales  of  lands  sold  by  him  on  account  of 
taxes  for  the  year  1860,  in  Choctaw  county,  and  bid  in 
by  him  for  the  state  :  Brovided,  however,  That  said  Camp- 
bell shall  first  file  in  the  comptroller's  office  the  certifi- 
cates for  the  purchase  of  said  lands  properly  made  out. 

Approved,  February  8,  1861. 


No.  160.]  AN  ACT 

For  the  relief  of  Martha  B.  Adams. 

Section  1.     Be  it  enacted  hij  the  Senate  and  Houj^c,  of 
Bepreaeatatives  oft/ie  Slate  of  Alabama  in  General  Aasenii/li/ 


1861.  134" 

convened^  That  in  consequence  of  the  loss  by  fire  of  her 
books,  vouchers  and  other  papers,  Martha  B.  Adams, 
executrix  under  the  authority  of  the  probate  court  of 
Mobile  county,  of  the  last  will  of  her  husband,  the  late 
Thomas  Adams,  be  authorized  to  file  in  said  court  for 
a  partial  settlement  of  her  administration  as  such  ex- 
ecutrix, a  statement  verified  by  oath  or  afiirmation  as 
to  its  correctness,  of  the  amount  of  moneys  of  said 
estate  which  have  been  received  by  her  as  such  execu- 
trix, and  of  the  amount  paid  out  by  her  in  that  charac- 
ter since  her  last  previous  partial  settlement  in  said 
court,  without  being  required  to  set  forth  the  items 
composing  such  amounts;  and  that  the  aflidavit  of  Col- 
lin H.  Mings,  of  Mobile,  the  agent  of  said  executrix,, 
may  be  received  as  prima  fade  evidence  of  the  correct- 
ness of  said  statement :  Provided^  hoiuever^  That  nothing 
herein  contained  shall  be  construed  so  as  to  prevent 
error  in  such  statement  from  being  alleged  and  shown. 
Approved,  January  29,  1861. 


No.  151.]  AN  ACr 

For  the  relief  of  Wm..  C.  Peuick. 

SECTioisr  1.  Be  it  enacted  by  the  Senate  and  House  of  Hep" 
vesentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  hereafter  it  shall  not  be  lawful  for  thJe 
corporation  of  the  city  of  "VVetumpka  to  levy  and  col- 
lect corporation  taxes  upon  so  much  of  the  farm  of 
William  C.  Penick  as  lies  within  the  corporate  limits  of 
said  city,  so  long  only  as  said  farm  within  said  corporate 
limits  is  used  for  the  purpose  of  cultivation  in  corn  or 
cotton  only,  and  not  used  as  city  lots  or  rented  and  cul- 
tivated as  such. 

Approved,  February  8,  1861. 


No.  152.]  AN  ACT 

For  the  relief  of  F..  Yilleret. 

Section  1..  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
Gonvened,  That  F.  Villeuet  be  ami,  he  is  hereby  author- 


135  1861. 

ized  to  apply  electro-magnetism  and  galvanism  in  the 
cure  of  Imnian  diseases,  and  to  charge  and  collect  rea- 
sonable compensation  therefor  in  this  State. 
Approved,  February  8,  1861. 


No.  153.]  AN  ACT 

For  the  relief  of  Frederica  Ludecus  and  other  persons. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Mepresentatives  of  the  State  of  Alabama  in  General  Assembhj 
convened^  That  Mrs.  Frederica  Ludecus,  of  the  county  Free-deaier. 
of  Montgomery  and  State  of  Alabama,  be  and  she  is 
hereby  made  capable  of  suing  and  being  sued,  to  plead 
and  be  impleaded  in  the  courts  of  this  state,  and  to  buy 
and  sell  and  hold  real  and  personal  property,  and  the 
proceeds  of  her  labor  and  earnings,  as  fully  and  com- 
pletely as  though  she  was  single  and  unmarried. 

Sec.  2.     Be  it  further  enacted^  That  all  the  provisions  Extended  to  o. 
of  the  foregoing  section  of  this  act  are  hereby  extended  ck^vdamil  ^'^' 
and  made  applicable  to  Cornelia  S.  Lee  and  Elizabeth 
E.  Cleveland,  of  Montgomer^^  count}'. 

Approved,  February  8,  1861. 


Ko.  154.]  AN  ACT 

For  the  relief  of  the  heirs  at  law  of  Narcissa  J.  Burks, 
late  of  Tallapoosa  county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  John  Hardy  Bryant  and  Wm.  T.  Holmes, 
of  Talbot  county,  in  the  State  of  Georgia,  who  are 
appointed  executors  of  the  last  will  and  testament  of 
Mrs.  Narcissa  J.  Burks,  late  of  Tallapoosa  county,  arc 
hereby  authorized  to  appl}'  for  and  receive  letters  testa- 
mentary on  said  will  according  to  the  provisions  thereof 
from  the  probate  court  of  Tallapoosa  county,  provided 
the  creditors  of  said  estate  shall  not  be  deprived  of  the 
rights  now  secured  to  them  by  law  if  they  desire  to 
enforce  them. 

Approved,  January  21,  1861. 


I 


1861.  186 

:No.  155.]  AN  ACT 

For  the  relief  of  John  Owens  and  Daniel  Freeman,  of 
Jackson  county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembli/ 
convened,  That  the  court  of  county  commissioners  of 
the  county  of  Jackson,  be  and  they  are  hereby  author- 
ized to  make  an  appropriation  annually  out  of  the 
count}^  treasury  of  said  county  equal  to  the  amount 
paid  for  keeping  each  pauper  in  the  poor  houses  of  said 
county,  to  John  Owens  and  Daniel  Freeman,  citizens  of 
said  count}^  for  keeping  one  Mary  E.  King,  an  insane 
female  resident  of  said  county  so  long  as  she  lives  and 
remains  a  charge  on  said  Owens  and  Freeman  in  said 
county. 

Approved,  January  25,  1861. 


No.  156.]  AN  ACT 

For  the  relief  of  James  M.  Hackney. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 

Representatives  of  the  State  of  Alabama  in  General  Assembly 

Restored  to  citi- ^^'^^'^'*<^^'^j  That  Jamcs  M.  Hackney,  of  Marshall  county, 

zenship.  who  was  at  the  November  term,  1852,  of  the  district 

court  of  the  United  States  for  the  northern  district  of 

Alabama,  convicted  of  breaking  open  and  robbing  the 

mails  of  the  United  States,  and  who  has  served  out  the 

term  of  his  imprisonment  on  said  conviction,  be  and 

he  hereby  is  vested  with  and  restored  to  all  the  rights 

and   privileges  of  a  citizen  of  this  state  as  fully  as 

though  he  had  never  been  convicted  as  aforesaid. 

Approved,  February  5,  1861. 


No.  157.]  AN  ACT 

To    divorce    Eachel    H.    Weathers   from    Francis   T. 
Weathers,  and  other  persons  therein  named. 

Section.  1.     Be  it  enacted  by  the  Senate  aud  Mouse  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 


137  1861. 

convened^  That  Rachel  II.  Weathers  be  and  she  is  hereby  "Weathers, 
divorced  from  her  husband,  Francis  T.  Weathers,  pur- 
suant to  a  decree  of  the  chancery  court  of  tlie  10th 
district  and  southern  chancery  division  of  ALabaraa, 
provided  the  said  Rachel  II.  Weathers  shall  not  be 
relieved  of  any  penalties  by  this  act  until  the  expira- 
tion of  the  time  specified  by  the  chancellor  in  his  final 
decree. 

Sec.  2.     Be  it  further  enacted,  That  Martha  II.  Cumby  cumby. 
be  and  she  is  hereby  divorced  from  her  husband,  Pleas- 
ant A.  Cumby,  pursuant  to  a  decree  of  the  chancery 
court  of  the  35th  district   and   northern  division   of 
Alabama. 

Sec.  3.  ^  Be  it  further  enacted,  That  Amanda  T.  BettsBetts. 
be  and  she  is  hereby  divorced  from  her  husband,  Isaac 
H.  Betts,  pursuant  to  a  decree  of  the  chancery  court  of 
the  20th  district  and  southern  division  of  Alabama. 

Approved,  January  29,  1861. 


No.  158.]  AN  ACT 

To  divorce  Elijah  Moncrieff  from  Elizabeth  Moncrieff, 
and  to  divorce  other  persons  therein  named. 

Section  1.  Be  it  enacted  b)/  the  Senate  and  House  of 
Beprescntatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Elijah  Moncrieft"  be  divorced  from  his 
wife  Elizabeth  Moncriefl,  pursuant  to  a  decree  of  the 
chancery  court,  held  for  the  20th  district  and  southern 
division  ;  and  that  PartheniaCauthon  be  divorced  fromcawthon. 
Arthur  Cauthon,  and  that  John  White  be  divorced  Irom  whiie. 
Martha  White,  pursuant  to  a  decree  of  the  20th  district 
and  southern  chancery  division. 

Approved,  January  25,  1861. 


No.  150.]  AN  ACT 

To  divorce  certain  persons  therein  named. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatircs  of  the  State  of  Alabama  in  General  Assembli/ 
convened,  That  Nancy  A.  Belcher  be  and  she  is  hereby  B^icber- 


1861. 


138 


Dawson. 


Givens. 


Koberts. 


Suramerlin. 


Pitts. 


Gunn. 


Oliver. 


divorced  from  Abner  Belcher,  in  pursuance  to  a  decree 
of  the  chancery  court  for  the  11th  district  of  the  south- 
ern chancery  division. 

Sec.  2.  Be  it  further  enacted,  That  Susannah  P.  Daw- 
son be  and  she  is  hereby  divorced  from  Kobert  Dawson, 
in  pursuance  of  a  decree  of  the  chancery  court  of  the 
18th  district  of  the  middle  chancery  division. 

Sec.  3.  Be  it  further  enacted,  That  Rosanna  Givens  be 
and  she  is  hereby  divorced  from  Elkins  Givens,  in  pur- 
suance of  a  decree  of  the  chancery  court  of  the  11th 
district  of  the  southern  chancery  division. 

Sec.  4.  Be  it  further  enacted,  That  Nancy  Roberts  be 
and  she  is  hereby  divorced  from  Thomas  L.  Roberts,  in 
pursuance  of  a  decree  of  the  chancery  court  of  the  5th 
district  of  the  southern  chancery  division. 

Sec.  5.  Be  it  further  enacted,  That  William  T.  Sum- 
merlin  be  and  he  is  hereby  divorced  from  Sarah  A.  R. 
Summerlin,  in  pursuance  of  a  decree  of  the  39th  dis- 
trict of  the  northern  chancery  division. 

Sec  6.  Be  it  further  enacted.  That  Laban  Pitts  be 
and  he  is  hereby  divorced  from  Sarah  Pitts,  in  pursu- 
ance of  a  decree  of  the  36th  district  and  northern 
chancery  division. 

Sec  7.  Be  it  further  enacted.  That  Seth  W.  Gunn  be 
and  he  is  hereby  divorced  from  his  wife,  Rebecca  Gunn, 
in  pursuance  of  a  decree  of  the  35th  district  and  north- 
ern chancery  division. 

Sec  8.  Be  it  further  enacted,  That  Ann  Eliza  Oliver 
be  and  she  is  hereby  divorced  from  her  husband,  Charles 
"W.  Oliver,  in  pursuance  of  a  decree  of  the  10th  district 
and  southern  chancery  division. 

Approved,  February  5,  1861. 


Beardin. 


No.  160.] 


AN  ACT 


To  divorce  Arthur  Beardin  from  his  wife  Nancy  A. 
Beardin,  and  to  divorce  other  persons  therein  named. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  Arthur  Beardin  be  and  he  is  hereby 
divorced  from  his  wife  Nancy  A.  Beardin,  pursuant  to 
a  decree  of  the  chancery  court  of  the  22d  district  and 
middle  division  of  the  State  of  Alabama. 


139  1861. 

Sec.  2.     Beit  further  enacted,   That  Florence  J.  Ijiir-Birgtss. 
gess  be  and  she  is  hereby  divorced  from  her  husband, 
Benjamin  F.  Burgess,  pursuant  to  a  decree  of  the  chan- 
cery  court  of  the  22d   district   and   middle   chancery 
division. 

Sec.  3.     Be  it  further  enacted,  That  Johnson  McShan  McShan. 
be  divorced  from  his  wife,  Mar}'  McShan,  pursuant  to  a 
decree  of  the  chancey  court  of  the  lOtli  district  and 
middle  division. 

Sec.  4.     Be  it  further\enacted,  Tliat  Ilosea  Cromer  be  cromer. 
divorced  from  his  wife,  Rachel   Cromer,  pursuant  to  a 
decree  of  the  chancery  court  of  the  35th  district  and 
northern  chancery  division. 

Sec.  5.     Be  it  farther  enacted,  That  James  Critcher  becritcher. 
divorced  from  his  wife,  Eliza  Rebecca  Critcher,  pursu- 
ant to  a  decree  of  the  chancery  court  of  the  32d  district 
and  northern  division. 

Sec.  G.     Be  it  further  enacted,  That  John  01dfield,beoidfleid. 
divorced  from  his  wife,  Frances  Oldfield,  pursuant  to  a 
decree  of  the  chancery  court  of  the  29th  district  and 
northern  division. 

Sec.  7.     Be  it  further  enacted.  That  Martha  S.  Beach- seachomix 
omp   be   divorced   from   her   husband,   John   Edward 
Beachomp,  pursuant  to  a  decree  of  the  chancery  court 
of  the  29th  district  and  northern  division. 

Approved,  January  29,  1861. 


No.  161.]  AN  ACT 

For  the  relief  of  Rufus  Greene. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Meprescntaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Rufus  Greene,  of  Coosa  county,  be  and 
he  is  hereby  released  from  the  disabilities  and  penalties 
imposed  by  law  on  all  persons  against  whom  a  divorce 
has  been  granted. 

Approved,  January  31,  1861. 


1861.  140 

No.  162.]  AN  ACT 

For  the  relief  of  Robert  S.  "Wilson. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Uepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Robert  S.  Wilson, of  Montgomery  county, 
be  and  he  is  hereby  relieved  from  all  the  penalties  and 
disabilities  which  by  law  attach  to  persons  from  or 
against  whom  a  divorce  has  been  obtained  in  any  state. 

Approved,  February  1, 1861. 


No.  163.]  AN  ACT 

For  the  relief  of  Alexander  Dean. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Alexander  Dean,  of  Sumter  county, 
Alabama,  from  whom  Catharine  Dean,  of  said  county, 
has  obtained  a  divorce,  and  who  is  still  living,  be  and 
he  is  hereby  permitted  to  marry  again  the  same  as  if  he 
had  never  contracted  a  marriage  with  the  said  Catharine 
Dean,  all  laws  and  parts  of  laws  to  the  contrary  not- 
withstanding. 

Approved,  February  5,  1861. 


ErIiaTa.^— On  page  18,  in  the  second  line  of  the  first  pfoviso, 
after  the  words  "  Alabama  Central  Rail  Road,"  strike  out  the 
word  "  Company. 

On  page  81,  the  date  of  the  approval  of  act  No.  21  is  omitted. 
Said  act  was  approved  January  25,  1861,  as  appears  from  the 
enrolled  copy. 


I  ^  D  E  X 


ACADEMIES-^See  Corporations. 

ADAMS,  MARTHA  B.— 

Act  for  relief  of,  -  .  -  .  ■-         133 

ADAMS,  TALBOT— 

Authorized  to  erect  crates  across  public  road,  -  S6 

ADJUTAXT-GENERAL— See  Military  Affairs. 

ANDERS,  EZEKIEL— 

Act  for  relief  of,  -  -  -  .  .        129 

APPEALS— 

Practice  in  supreme  court  regulated,  -  -  33 

Damages  and  tax-fees  abolished  in  certain  cases, 

by  7th  section  of  "stay  law,"  -  -  3 

Appeals  allowed  in  patent  cases,     -  -  -        24 

Clerks  of  lower  courts  authorized  to  issue  execu- 
tions for  costs,  -  -  -  .40 

APPROPRIATIONS— 

To  cause  of  southern  independence,  -  -  16 

For  officers  and  members  of  General  Assembly  -       32 

For  General  Assembly  and  Convention,  -  31 

For  military  defence  of  State,  -  -  -  43 

For  contingent  expenses  of  State,  -  -  38 

For  better  preservation  of  capitol  from  fire,  -  62 

For  hire  of  servants  for  General  Assembly  and  Con- 
vention, -  -  -  -88 
In  favor  of  AV.  S.  Gray,  for  apprehending  felon,         -        71 
In  favor  of  White,  Pfistcr  &  Co.,  for  stationery,     -  80 
In  fnvor  of  AV.  B.  &  A.  R.  Bell,  for  articles  furnish- 
ed to  capitol,                -                -                -            -  89 
10 


146 

APPROPRIATIONS— (Continued.) 

In  favor  of  Wm,  Skinner  and  J.  S.  Clark,  -  85 

In  favor  of  Ezekiel  Anders,  -  -  -        129 

In  favor  of  W.  D.  Perrj'man,      -  -  -  130 

In  favor  of  J.  W.  Kilpatrick's  heirs,  -  -         131 

In  favor  of  Wm.  M.  Glass,  -  -  -  132 

In  favor  of  Geo.  G.  Henry,  -  -  -        133 

InfavorofR.F.  Campbell,        -  .  .  133 

In  favor  of  John  Owens  and  Daniel  Freeman,  -         136 

AUTAUGA  COUNTY— 

Compensation  of  jurors  on  coroner's  inquests,  87 

BAILIFFS— 

Compensation  in  certain  specified  counties,  -  61 

BALDWIN  COUNTY— 

Excepted  from  operation  of  school  law  of  18G0,  -       82 

BANKS— 

Act  to  legalize  suspension  of  specie  payments,       -  9 

Act  to  authorize  opening  of  subscription  books  to 

Bank  of  Alabama,  -  -  -       22 

Act  amending  act  to  incorporate  Bank  of  Alabama  124 

BEACIIOMP,  MARTHA  S.  and  JOHN  K— 

Act  divorcing,  .  -  -  .  .        139 

BEARDIN,  ARTHUR  and  NANCY  A.— 

Act  divorcing,  .  .  .  .  .         138 

BELL,  W.  B.  &  A.  R.— 

Appropriation  in  favor  of,  -  -  -  89 

BELCHER,  NANCY  A.  and  ABNER— 

Act  divorcing,  .....         137 

BETTS,  AMANDA  T.  and  ISAAC  IL— 

Act  divorcing,  .....         137 

BIBB  COUNTY— 

Act  fixing  compensation  of  bailiffs,  -  -     61 

Act  prohibiting  sale  of  spirituous  liquors  within 

certain  limits,  -  -  -  -  65 

Act  authorizing  commissioners'  court  to  provide 

for  relief  of  poor,  -  -  -  -     78 

BROWN,  F.  M.— 

Act  authorizing  removal  of  guardianship  of  ward,  72 

BURGESS,  FLORENCE  J.  and  BENJ.  F.— 

Act  divorcing,  .....         139 

BURKS,  NARCISSA  J.— 

Act  for  relief  of  heirs-at-law,  -  -  -        135 

BUTLER  COUNTY— 

Act  repealing  act  of  1850,  relative  to  hunting  wild 

hogs,  -..---  40 


147 

CAMPBELL,  R.  F.— 

Act  for  relief  of,  -  -  -  -  -    .    133 

CAUTIIOX,  rAllTHENIA  and  ARTHUR— 

Act  divorciiio;,  -  -  -  .  .        137 

CHAMBERS  COUNTY— 

Act  changing  terms  of  circuit  court,  -  -  59 

Act  fixing  compensation  ofbailitts,         -  61 

Act  fixing  compensation  of  jurors  on  coroner's  in- 
quests, -  -  -  -  -        87 
Act  regulating  trial  of  State  cases,         -              -  60 
CHENEY,  WM.  F.— 

Act  authorizing  administrator  to  pay  for  certain 

lands,  ...  .  -  71 

CHEROKEE  COUNTY— 

Act  prohibiting  sale  of  spirituous  liquors  within 

certain  limits  repealed,  -  -  -       125 

CLARK,  J.  S.— 

Act  compensating  for  prosecution  of  felon,  -  85 

CLEVELAND,  ELIZABETH  E.— 

Act  for  relief  of,         -  -  -  -  -        135 

COCKE,  JOHN— 

Authorized,  as  administrator,  to  pay  for  certain  lauds,         71 
CODE  OF  ALABAMA— 

Act  providing  for  preparation  of  Revised  Code 

amended,  -  -  -  -  11 

Sections  21-23  (cessions  of  lauds  to  United  States) 

repealed,        -  -  -  -  -        20 

Section  391,  paragraph  33,   (tax  on  revolvers,)  re- 
pealed,       -  -  -  -  -  21 
Section  496  (compensation  of  tax  collectors)  re- 
vived, and  made  applicable  to  Winston  county,             83 
Section  499  (compensation  of  judge  as  member  of 

commissioners'  court)  modified  in  Coosa  county,  69 

Section  001  (commissioners  of  pilotage  in  Mobile) 

amended,      -  -  -  -  -         63 

Section  1045  (free  colored  mariners)  amended,  33 

Section  1155  (overseers  of  roads)  repealed,  -  35 

Section  1177  (erection  of  gates  on  public  roads) 

amended,  -  -  -  -  -         86 

Section  2039  (compensation  of  gnardians)  amended,  35 

Section  2398  (security  for  costs)  amended,  -  41 

Section  2462  (exempting  property  from  levy  and 

sale,)  amended,  -  -  -  -  15 

Section  2813  (subpcenas  for  witnesses)  amended,  34 

Section  3283  (selling  liquor  to  slaves)  amended,  34 


148 

COFFEE  COUNTY— 

Act  incorporating  Clintonville  Academy,  -  TO 

COMPTROLLER  OF  PUBLIC  ACCOUNTS— 

Act  creating  clerkship  amended,  -  -       61 

CONTINGENT  FUND— 

Increased  to  $25,000,  ...  39 

COOSA  COUNTY— 

Act  fixing  compensation  of  bailiffs,  -  -         61 

Act  fixing  compensation  of  probate  judge  as  mem- 
ber of  commissioners' court,  -  -  69 

Act  authorizing  appointment  of  notaries  public,  70 

Act   authorizing    commissioners'    court   to    issue 

county  bonds  for  relief  of  poor,  -  -  76 

Act  conferring  on  intendant  of  Rockford  powers  of 

justice  of  the  peace,  -  -  -  81 

COPYRiGHT— 

Act  to  secure  rights  of  patentees  and  authors,  -  24 

CORONER'S  INQUESTS— 

Act  fixing  compensation  of  jurors  in  Dale  county,  82 

Act  fixing  compensation   of  jurors  in  Chambers, 

Russell,  Montgomery  aud  Autauga  counties         -  87 

corporations- 
Academies  AND  Schools. 

Act  incorporating  Cliutonville  Academy,  -  70 

Act  incorporating  Ingram's  Academy,         -  -        113 

Act  incorporating  Chulatinuee  Academy,  -  113 

Act   amending  act  of  incorporation  of  Gadsden 

Academy,  ...  .        125 

Cities  and  Towns. 
Act  amending  charter  of  Tuskegee,         -  -  122 

Act  amending  charter  of  Montgomer}',  -  -      127 

Act  amending  charter  of  Opelika,  -  -  127 

Act  making  intendant  of  Rockford  justice  of  the 

peace,  -  -  -  -  -         81 

Insurance  Companies. 
Act  repealing,  in  part,  act  of  1860,  respecting  agen- 
cies of  foreign  companies,         -  -  -         -        21 
Act  incorporating  Eufaula  Marine  and  Fire  Insur- 
ance Company,                 -              -              -  -  89 
Act  incorporating  Eufaula  Home  Insurance  Com- 
pany,           -----                93 
Act  incorporating  "Woodville  Insurance  Company,            96 
Act  incorporating  Central  Insurance  Company  at 

Tuskaloosa,  -         -        -        -        -        -        -         110 


149 

CORPORATIONS— (Continued.) 

Act  anieuding  charter  of  Planters' and  ^Mcrcliants' 

Insurance  Company  at  Sclnia,       -  -  -         118 

Act  amending  charter  of  Opelika  Insurance  Com- 
pany, .----.         118 

Act  amending  charter  of  LaPayette  Insurance  Com- 
pan}^  -  -  -  -        - 

Act  amending  charter  of  Alabama  Insurance  and 

Exchange  Company,  at  Tuskcgee,  .  -         123 

Railroads.  '~ 

Act  amending  act  of  1858,  to  regulate  and  define 

liabilities  of  Railroad  Companies,  -  -  37' 

Act  to  induce  Railroad  Companies  to  carry  troops, 
kc.,  free  of  charge,  -  .  .  _ 

Act  substituting  Mountain  Railroad  Contracting 
Company  for  Tennessee  and  Alabama  Central 
Railroad  Company,  under  act  of  1860,  appropri- 
ating three  per  cent,  fund,  -  -  -  17 

Act  appropriating  two  per  cent,  fund  to  Tennessee 

and  Alabama  Railroad  Company,  -  -  19 

Act  aiding  Alabama  and  Florida  Railroad  Com- 
pany, --..--  80 

Act  postponing  State  lien  on  Tennessee  and  Coosa 

Railroad,     ------  80 

Act  incorporating  North  Alabama  Railroad  Com- 
pany, -  -  -  -  -  -        10-4 

Act  amending  charter  of  South-western   Railroad 

Company,  ------         122 

Act  incorporating  Shelby  Coal  Railroad  Company,  -         120 

Act  incorporating  Mobile  and  Jacksonville  Omni- 
bus and  Railroad  Company,  -  .  -         IQI 
Miscellaneous. 

Act  incorporating  Steam  Fire  Engine  Company  in 

Mobile,       -        ^ 100 

Act  incorporating  North  Alabama  Steamboat  Com- 
pany, -  -  -  -  -  -         110 

Act  incorporating   Mechanics'  Aid  Association  of 

Sclma,        ------        114 

Act  amending  charter  of  Mechanics'  Aid  Associor 

tion  of  Mobile,       -  -  .  .  .         120 

Act  incorporating  Eufaula  Savings  Association,      -         117 

Act  reviving,  amending  charter,and  clianging  name 
of  South  Alabama  Mining,  Manufacturing  and 
Transportation  Company,  -  -  -        120 


150 

CORPORATTOXS— (Continued.) 

Act  reviving  charter  of  Direct  Trade  and  Exchange 

Company,  ------         118 

Act  amending  charter  of  Southern  Express  Com- 

pany, 123 

Act  amending  charter  of  ALabama  Annual  Con- 
ference of  Methodist  Episcopal  Church  South,     -         125 

Act  amending  charter  of  Lauderdale  Manufactu- 
ring Company,       -----         123 

Act  changing  name  of  Andrew  Jackson  Guards,  of 

Tallapoosa  county,  to  Tallapoosa  liifle  (company,  -  84 

COSTS— 

Act  authorizing  clerks  to  issue  executions  for  costs 

of  appeal,    ------  40 

Act  amending  section  2398  of  Code,  as  to  security 

for  cos-ts,      ------  41 

courts- 
Supreme. 

Act  regulating  practice,        -  -  -  -  33 

Act  abolishing  damages  and   tax   fees  in   certain 

cases,  (7 til  section  of  "stay .law,")  -  -  3 

Appeals  allowed  in  patent  cases,       -  -  -  24 

Chancery. 

Act  changing  terms  of  4th  and  5th  districts,  -  60 

Circuit. 

Act  changing  terms  of  4th  circuit,  (comprising 
Lawrence,  Lauderdale,  Franklin,  Limestone, 
Morgan  and  Marion  counties,)       -  -  -  58 

Act  changing  terms  in  Chambers  count}'-,     -  -  59 

Act  changing  terms  in  Marion  county,         -  -  59 

Act   transferring     certain    causes    from     Federal 

Courts,        -  -  -  -  -  -  24 

Act  regulating   trial  of  State   cases  in   Chambers 

county,        ------  60 

Act  fixing  compensation  of  bailiffs  in  certain  coun- 
ties, -----  -  61 

Probate. 

Act  authorizing  sale  of  property  belonging  to  luna- 
tics, idiots  and  persons  non  compotes  menlis,  -  23 

Act  regulating  fees  ot  probate  judge  in  Coosa,       -  69 

Commissioners  of  Roads  and  Revenue. 

Act  authorizing  establishment  of  medical  boards,  -  3T 

Act  authorizing  issue  of  bonds,  for  relief  of  poor 

in  Coosa,     ------  76 

Act  authorizing  relief  of  poor  in  Bibb  and  Perry,  -  78 


151 

CRAIG,  ROBERT— 

Act  removing  admiuistration  of  estate,        -  -  75 

CRIMINAL  LAAV— 

Act  rcgulatiug  solicitors'  fees,  -  -  -  22 

Act  regulating  trial  of  State   cases   in    Chambers 

count}',        ------  GO 

Act  providing  for  insane  criminals,  -  -  -  28 

Act  regulating  pay  of  witnesses  in  State  cases,        -  36 

Act  prohibiting  hunting  of  wild  hogs,  -  -  40 

Act    prohibiting    pilots   from   conducting   armed 

foreign  vessels  to  port,       -  -  -  -  40 

Act  prohibiting  retailing,  within  certain  limits,  in 

Limestone,  -----  G3 

Act  prohibiting  retailing,  within  certain   limits, 

near  Dublin  and  Spring  Hill  Academy,  -  64 

Act  prohibiting  retailing,  within  certain  limits,  in 

Tuskaloosa  and  Bibb  counties,      -  -  -  65 

Act  prohibiting  retailing,  within  certain  limits,  in 

Shelby  and  Berry  counties,  -  -  -  65 

Act  prohibiting  retailing  near  Spring  Hill  College 

in  Mobile  county,  -  -  -  -  66 

CRITCIIER,  JAMES  and  ELIZA  R.— 

Act  divorcing,  -  -  .  .  .        139 

CROMER,  IIOSEA  and  RACHEL— 

Act  divorcing,  -  -  .  -  .        130 

CUMBY,  J^IARTIIA  11.  and  PLEASANT  A.— 

Act  divorcing,  .....         137 

DALE  COUNTY— 

Act  compensating  jurors  on  coroners'  inquests,       -  82 

Act  increasing  pa}' of  jurors,  -  -  -  88 

DAVIDSON,  LUCRETIA— 

Act  for  relief  of,         -  -  -  -  -         128 

DAWSON,  SUSANNAH  P.  and  ROBERT— 

Act  divorcing,  .....         138 

DEAN,  ALEXANDER— 

Act  for  relief  of,  .....         140 

DEEDS  OF  TRUST— 

Sales  under,  regulated  by  3d  section  of  *'stay  law,"  3 

DIRECT  TRADE— 

Act  repealing  act  of  1860,  for  encouragement  of,     -  30 

DIVORCES— 

Boachomp,  Martlia  S.  and  John  Edward,     -  -         139 

Boardin,  Arthur  and  Nancy  A.,     -         -  -  138 

Belcher,  Nancy  A.  and  Abner,  -  -  -         137 

Betts,  Amanda  T.  and  Isaac  II.,    -  137 


152 


DI^^ORCES— (Continued.) 

Burgess,  Florence  J.  and  Benjamin  F., 

Cauthon,  Parthenia  and  Arthur, 

Critcher,  James  and  Eliza  Rebecca, 

Cromer,  Hosea  and  Rachel, 

Cumby,  Martha  11.  and  Pleasant  A., 

Dawson,  Susannah  P.  and  Robert, 

Givens,  Rosanna  and  Elkins, 

Gunn,  Seth  W.  and  Rebecca, 

McShan,  Johnson  and  Mary, 

Moncrioff,  Elijah  and  Elizabeth, 

Oldiicld,  John  and  Frances, 

Oliver,  Ann  Eliza  and  Charles  "W., 

Pitts,  Laban  and  Sarah,         -  .  .  . 

Roberts,  JSTanc}-  and  Thomas  L., 

Summerlin,  William  T.  and  Sarah  A.  R.,     - 

AYeathcrs,  Rachel  H.  and  Francis  T.,     - 

"White,  John  and  Martha,      .  .  .  . 

ENGINEERS— 

Act  authorizing'  apnointment  of,       -  -  - 

ESTATES  OF  DECEDENTS— 

Act  removing  administration  of  Thos.  J.  Walker's 
estate,  -   •         - 

Act  removing  administration  of  Thos.  Green's  es- 
tate, -_.-__ 

Act  removing  administration  of  Robert  Craig's  es- 
tate, ...... 

Act  authorizing  Wm.  F.  Cheney's  administrator  to 
pay  for  certain  lands,  .  .  .  . 

EXECUTION— 

Act  exempting  property  from  levy  and  sale. 

Act  authorizing  clerks  of  lower  courts  to  issue  exe- 
cution for  costs  of  appeals,  .  .  . 

Act  regulating  judicial   proceedings,    (commonly 
known  as  "stay  law,")        -  .  .  . 

Property  of  soldiers  exempt  by  6th  section  of  "stay 
law,"  .-.--. 

FEES— 

Act  regulating  fees  of  solicitors,        .  .  . 

Act  regulatina:  fees  of  probate  judge  of  Coosa  county, 
FISH— 

Act  to  prevent  destruction  of  fish  in  Tennesseee 
river, 
■FRANKLIN  COUNTY— 

Act  changing  terms  of  circuit  court, 


139 
137 
139 
139 
137 
138 
138 
138 
139 
137 
139 
138 
138 
138 
138 
136 
137 

48 


73 
74 
75 
71 
.15 
40 


22 
69 

83 
58 


153 

FREEMAN,  DANIEL—  , 

Act  lor  relief  of,  -----         136 

GAME  LAWS— 

Act  amending  act  for   preservation    of  game  in 

Sumter,       ------  GO 

Act  regulating  hunting  of  wild  hogs,  •  -  40 

GENERAL  ASSEMBLY— 

Act  providing  for  pay  of  members,  -  -  31 

Act  makins:  appropriation  for  pay  of  members,        -  32 

GIVENS,  ROSANNA  and  ELKINS— 

Act  divorcinsx,  -  -  .  .  .         138 

GLASS,  WM.  M.— 

Act  for  relief  of,  -  -  -  -  -        132 

GOVERNOR— 

Act  authorizing  employment  of  two  secretaries,      -  61 

Act  authorizing  appointment  of  military  board,       -  46 

Act  authorizing  issue  of  treasurv  notes,        -  -  16 

Act  authorizing  loan  of  $100,000  to  State,  -  31 

GRAY,  WM.  S.— 

Act  compensating  for  arrest  of  felon,  -  -  71 

GREENE,  RUFUS— 

Act  for  relief  of,  -  -  -  -  -         130 

GREEN,  THOMAS— 

Act  removing  administration  of  estate,         -  -  74 

GUARDIANS— 

Act  authorizing  sale  of  property  of  lunatics,  kc,     -  23 

Act  regulating  compensation  of  guardians. 

Act  authorizing  removal  of  guardianship  of  Fran- 
cis M.  Brown,  ----- 

Act  authorizing  B.  II.  Micou  to  settle  accounts,  as 
guardian,  in  probate  court  of  Montgomery, 
GUNN,  SETII  W.  and  REBECCA— 

Act  ditorcing,  -  -  .  -  .         138 

JIACKNEY,  JAMES  M.— 

Act  for  relief  of,  -  -  -  -  -         136 

HENRY,  GEO.  G.— 

Act  for  relief  of, 133 

HUNTING- See  Game  Laws. 
INSANE  HOSPITAL— 

Act  supplemental  to  act  establishing,  -  -  2.') 

INSURANCE  COMPANIES— See  Cokporatioxs. 
JACKSON  COUNTY— 

Act  repealing  act  of  1800,  relative  to  steam  mills,  68 

11 


■J 'J 
72 

7-> 


154 
JEFFERSO:^"  cou;srTY— 

Act  changing  boundary  line  between  Shelby  and 

Jefferson  counties,  -  -  -  -  67 

joh^'so:n"  burrell— 

Act  for  relief  of,         -  -  -  -  -         130 

JOHNSO:?^,  JOSEPH  A.  and  LUCY— 

Act  for  relief  of  children  of,  .  .  .  70 

JUDICIAL  PROCEEDINGS— 

Act  to  regulate  judicial  proceedings,  &c.,  -  3 

Act  explanatory  and  supplemental  to  above,  -  6 

Act  regulating  practice  in  Supreme  Court,  -  38 

Act  authorizing  clerks  of  lower  courts   to   issue 

executions  for  costs  of  appeal,       -  -  -  40 

Act  regulating  trial  of  State  cases  in  Chambers,      -  60 

Act  in  relation  to  suits  a^'ainst  lunatics,  &c.,  -  23 

JURORS— 

Act   increasing  compensation  of  jurors  in   Dale 

county,        ------  88 

Act  to  compensate  jurors  on  coroners'  inquests  in 

Dale  county,  -----  82 

Act  to  compensate  jurors  on  coroners'  inquests  in 
Ciiambers,  Russell,   Montgomery  and  Autauga 
counties,        ------         87 

JUSTICES  OF  THE  PEACE— 

Proceedings  in  justices'  courts  regulated  by  4tli 

section  of  "  stay-law,"       -  -  -  -  5 

Powers  of  justice  conferred  on  intendant  of  Rock- 
ford,  --81 

KILPATRICK,  J.  W.— 

Act  for  relief  of  heirs  of,  -  -  -         131 

,  LAND  LAWS— 

Act   relative   to   sale   of   swamp  and  overflowed 

lands, 12 

Act  repealing  sections   21   and  23  of  the  Code 

relative  to  cessions  to  United  States,        -  -  20 

.  .  LAUDERDALE  COUNTY— 

Act  repealing  6th  section  of  charter  of  Lauder- 

dale  Manufacturing  Company,        -  -  .        123 

■     LAAV,  E.  M.  and  J.  A.— 

Act  to  loan  arms  and  accoutrements  to,       -  -  67 

LAWRENCE  COUNTY— 

Act  changing  terms  of  Circuit  Court,  _  -  58 

LEE,  CORNELIA  S.— 

^^    Act  for  relief  of,         -  -  -  -        135 


155 

LIMESTOITE  COUNTY— 

Act   amending   act   of   1860   to  prohibit  sale   of 

liquor  within  certain  limits,  -  -  -  63 

Act  changinc:  terms  of  Circuit  Court,  -  -  58 

LIMITATIONS,  STATUTE  OF— 

Act  prescribing  bar  to  claims  for  damages  against 

railroad  companies,  -  -  -  '  37 

LONG,  G.  W.— 

Act  for  relief  of  children  of,  ...         129 

LOWNDES  COUNTY— 

Act  fixing  compensation  of  bailiffs,  -  -  61 

LUDECUS,  FKEDERICA— 

Act  for  relief  of,         -  -  I  -        135 

LUNATICS— 

Act   authorizing   sale  of    property  by  guardians, 

and  suits  against  guardians,  -  -  -  23 

Act  supplemental  to  act  for  establishment  of  In- 
sane Hospital,         -  -  .  -  -  25 
LYON,  ANDREW— 

Authorized  (with  Talbot  Adams)  to  erect  gates 

across  public  road  in  Tickeus  count}',       -  -  86 

MACON  COUNTY— 

Act  incorporating  Insurance  and  Exchange  Com- 
pany at  Tuskegee,  ....         123 

Act  amending  charter  of  Tuskegee,  -  -        122 

Act  amending  charter  of  Opelika,     -  -  -        127 

MARENGO  COUNTY— 

Act  repealing  act  of  1860,  relative  to  public  roads,  68 

McSIIAN,  JOHNSON  and  MARY— 

Act  divorcing,  _  -  .  .         139 

MEDICAL  BOAin)S— 

Act  estal)lisliing  board  in  St.  Clair  county,  -  85 

MICOU,  BENJ.  II.— 

Authorized  to  settle  accounts  as  guardian  in   pro- 
bate court  of  Montgoracr}-,  -  -  -  75 
MILITARY  AFFAIRS— 

Act  authorizing  appointment  of  military  board,       -  46 

Act  to  raise  monc}'  to  provide  for  military  defence,  41 

Act  making  appropriations  for  military  defence,      -  43 

Act  to  promote  military  efficiency,  and  for  other 

purposes,      ------  48 

Act  authorizing  appointment  of  engineers,  -  48 

Act  compensating  governor's  aids-de  camp,  -  49 

Act  to  guard  against  invasion  by  sea,  -  -  49 

Act  establishing  rules  and  regulations  for  army,      -  50 


156 

MILITARY  AFFAIRS— (Continued.) 

Act  making  provision  for  volunteers  at  Pensacola,  52 

Act   to   induce   railroad  companies   to   transport 

troops  and  munitions  of  war,  free  of  charge,  -  52 

Act  autliorizing  appointment  of  lieutenants,  and 

for  other  purposes,  -  -  -  -  53 

Act  authorizing  employment  of  clerk  bj  adjutant- 
general,  ----.-  54 
Act  accepting  aid  of  certain  patriotic  citizens,  -  54 
Act  relieving  certain  persons  Irom  military  duty,  55 
Act  authorizing  distribution  of  arms  by  governor,  5i> 
Act  providing  for  election  of  militia  officers,  -  55 
Act  to  give  greater  efficiency  to  military  depart- 
ment of  State  University,  -  i-  -  5  6 
Act  amending  act  of  18G0,  to  provide  for  efficient 

military  organization,  -  -  -  -  57 

Act  providing  for  military  education  of  two  young- 
men  froiii  each  county,        .  .  -  .  GT 
Act  loaning  arms,  &;c.,  to  E.  M,  &  J.  A.  Law,           -  07 
Property  of  persons  in  actual  military  service  ex- 
empt from  lew  «nd  sale  uy  Jtli  section  of  "stay 

law,"  -  " 5 

MILLS,  A^D  MILL-DAMS— 

Act  repealing  act  of  18G0,   relative  to  steam-mills 

in  Jackson  county,  -  -  -  -  GS 

Act  relative  to  steam  grist-mills  in  Sumter  county,  84 

Act  authorizing  J.  S.  Moragne  to  erect  dam,  -  83 

MOBILE— 

Act  antljorizing  appointment  of  branch  pilot,  -  G3 

Act   prohibiting   sale   of  spirituous   liquors    near 

Spring  Hill  College,  .  .  .  .  QQ 

Act  incorporating  steam  fire  engine  company,  -         100 

Act  incorporating  Omnibus  and  Railroad  Companv,         101 
MOHCRIEFF,  ELIJAH  and  ELIZABETH— 

Act  divorcing,  -  -  -  -         137 

MONTGOMERY— 

Act  compensating  jurors  on  coroners' inquests,         -  87 

Act  amending  charter  of  city,  -  -  -         127 

MORAGNE,  JOHN  S.— 

Authorized  to  erect  dam  across  Big  Wills'  creek,  83 

MORTGAGES— 

Sales  under,  regulated  by  3d  section  of  "stay  law,"  4 

NOEL,  WM.  A.— 

Act  fnr  relief  of,         -  .  -  .        132 


157 

NORWOOD,  JOHN  IL— 

Act  for  relief  of,         .  -  .  .         131 

KOTAlilES  PUBLIC— 

Act  rcixulatiiiij:  appointment  in  Coosa  C^^'int}',         -  TO 

OFFICIAL  i30NDS—  • 

Act  providino:  for  better  security  of,  -  •  -  89 

OLDFIELD,  JOHN  and  FRANCES— 

Act  divorcins;,  .  .  .  .         139 

OLIVER,  ANN  ELIZA  and  CHARLES  ^V.— 

Act  divorcing,  -  -  -  -         138 

OPELIKA— 

Act  amending  charter,  -  -  -         127 

OWENS,  JOHN— 

Act  for  relief  of,         -  -  -  -         136 

PATENTS— 

Act  securing  riirlits  of  patentees  and  authors,  -  24 

PEDDLING— 

Act  repealing,  in  part,  tax  on  certain  wagons,         -  38 

PENICK,  W.M.  C— 

Act  for  relief  of,  -  -  -  -         134 

PERRY  COUNTY— 

Act  authorizing  Commissioners'  Court  to  provide 

for  relief  of  poor,  -  -  -  78 

Act  prohibiting  sale  of  liquors  near  Dublin,  -n^        64 

Act  prohibiting  sale  of  liquors  near  Hamburg,        -    \      65 
PERRYMAN,  W.  1).— 


a 


Act  for  relief  of,         -  -  -        —     4     \  130 

PICKENS  COUNTY—  ^< 

Act  fixing  compensation  of  bailiffs,  -  -  61 

Act  prohibiting  sale  of  liquor  near  Spring  Hill 

Academy,  -  -  -  .  (34 

Act  authorizing  erection  of  gates  across  certain 

public  road  by  Talbot  Adams  and  Andrew  Lyon,  86 

PILOTS— 

Act  authorizing  appointment  of  branch  pilot  for 

waters  running  into  Mobile  bay,  -  -  63 

Act  forbidding  pilot  to  conduct  armed  vessel  to 

Mobile,     -  -  -  -  -  49 

PITTS,   LABAN  and  SARAH— 

Af't  divorcing,  ....         133 

PUBLIC  LANDS— Sec  Land  Laws. 
RAILROADS— See  Corporations. 
RANDOLPH  COUNTY— 

Act  fixing  corapeuFfttioji  of  bailiffs,  -  -        61 


158 

RELIEF  ACTS— 

Adams,  Martha  B.,     -                -                -                -  133 

Anders,  Ezekiel,         -                -                -                -  129 

Burks,  heirs  of  Nancy  J.,           -                -                -  135 

Campbell,  K.  F.,         -                -                -                -  133 

Cleveland,  Elizabeth  E.,             -                -                 -  135 

Davidson,  Lucretia,                     -                -                -  128 

Dean,  Alexander,        .                -                .                .  140 

Freeman,  Daniel,        .                -                -                -  136 

Glass,  William  M.,     -                -                -                -  132 

Gray,  William  S.,       -                -                -                -  71 

Greene,  Rufus,             _                .                .                .  140 

Hackney,  James  M.,                    ...  136 

Henry,  Geo.  G.,           -                -                -                -  133 

Johnson,  Burrell,        ...                -  130 

Johnson,  children  of  Joseph  A.  and  Lucy,               -  70 

Ivilpatrick,  heirs  of  J.  W.,         .                .                .  131 

Lee,  Cornelia  S.,          -                -                -                -  135 

Long,  children  of  G.  W.,           -                -                -  129 

Ludecus,  Frederica,     -                -                -                -  135 

Noel,  W.  A.,               -                -                -                -  182 

Norwood,  John  II.,     .                -                -                -  131 

Penick,  William  C,                    ...  134 

Ferryman,  W.  D.,       -                -                -                 -  130 

Villeret,  F.,                  ,                .                .                .  134 

Wilson,  Robert  S.,      -                -                -                -  140 

Wilson,  Thomas,         -                -                -                -  140 

RESOLUTIONS,  JOINT— 

For  relief  of  Thos.  Wilson  and  others,     -                -  141 

In  regard  to  public  affairs,          ...  142 

RETAILING— 

Act  punishing  sale  of  liquor  to  free  negroes,           -  34 
Act   amending   act  of  18G0,  prohibiting  sale  of 

liquor,  within  certain  limits,  in  Limestone  county,  63 
Actprohibiting  sale  of  liquor,  within  certain  limits, 

in  Perry  and  Pickens  counties,              -                -  64 
Act  prohibiting  sale  of  liquor,  within  certain  lim- 
its, in  Tuskaloosa  and  Bibb  counties,                    -  65 
Act  prohibiting  sale  of  liquor,  within  certain  lim- 
its, in  Shelby  and  Perry  counties,         -                -  65 
Act  prohibiting  sale  of  liquor,  within  certain  lim- 
its, near  Spring  Hill  College,  Mobile,                    -  QQ 
Act  amending  charter  of  Gadsden  Academy,  in 

Cherokee  county,  by  repealing  prohibitory  clause,  125 


159 

EIVERS— 

Act  declaring  Five  Huns  a  public  highway,  -  63 

Act  to  prevent  destruction  of  tish  in  Tennessee,     -  83 

ROADS— 

Act  amending  law  in  relation  to  overseers,  -  35 

Act  relative  to  public  roads  in  Marengo  county,     -  68 

Act  authorizing  construction  of  gates  across  public 

road  in  Pickens  county.  -  -  -  86 

ROBERTS,  NANCY  and  THOMAS  L.— 

Act  divorcing,  .  _  .  _         138 

ROCKFORD— 

Act  giving  intendant  powers  of  justice  of  the 

peace,       -  -  -  -  -  81 

RUSSELL  COUNTY— 

Act  fixing  compensation  of  bailiffs,  -  -  61 

Act  fixing   compensation  of  jurors  on  coroners' 

inquests,  -  -  -  -  87 

Act  incorporating  Ingram's  Academy,     -  -         113 

Act  amending  charter  of  Opelika,  -  -         127 

Act  incorporating  Opelika  Insurance  Company,      -         118 

SCHOOLS— 

Act  exempting  Baldwin  count}'  from  operation  of 

school  law  of  1860,     -  -  -  -  82 

Act  authorizing  extension  of  16th  section  notes,    -  20 

Act  incorporating  Clintonville  Academy,  -  70 

Act  incorporating  Ingram's  Academy,     -  -         113 

Act  incorporating  Chulafinnee  Academy,  -        113 

SECRETARY  OF  STATE— 

Act  fixing  salary',         -  -  -  -  62 

Act  making  appropriation  for  hire  of  servants,       -  88 

SHELBY  COUNTY— 

Act  changing  boundary  between  Shelby  and  Jef- 
ferson,     -  -  -  -  -  67 
Act  for  preservation  of  game,    -                -                -  69 
Act  to  secure  subordination  among  slaves,                -          87 
Act  prohibiting  sale  of  liquor  near  Limeville  Bap- 
tist Church,              -                -                -                -           65 

SIXTEENTH   SECTIONS— 

Act  authorizing  extension  of  notes,  -  -  20 

SKINNER,  AVILLIAM— 

Act  com]ienpating  for  prosecution  of  B.  Rollins,     -  85 

SLAVES,  AND  PERSONS  OF  COLOR— 

Act   amending    law   in    relation   to   free   colored 

mariners,  -  -  -  -  33 

Act  punishing  sale  of  liquor  to  free  Degrees,  &c.,   -  34 


160 

SLAVES,  AN"©  PERSOiTS  OF  COLOR— (Continued.) 

Act  to  furtlicr  secure  subordinution  among  slaves,'  36 

Act  to  secure  subordination  among  slaves  in  Shelby 

county,      -  .  -  .  -87 

SOLICITORS—  _ 

Act  regulating  fees,    -  -  -  -  22 

STAY  LAW— 

Act  to  regulate  judicial  proceedings,  &c.,  3 

.ST.  CLAIR  COUNTY— 

Act  repealing  act  of  1857,  laying  off  county  into 

commissioners'  districts,         -  -  -  68 

Act  establishing  medical  board,  -  -  85 

SUMMERLIN,  WM.  F.  and  SARAH  A.  R.— 

Act  divorcing,  -  -  -  -         138 

SUMTER  COUNTY— 

Act   amending  act  of  1860   for   preservation    of 

game,        -  -  -  -  -  69 

Act  relative  to  steam  grist-mills,  -  -  84 

SWAMP  LANDS— 

Act  providing  for  sale  of,  -  -  -  12 

TAXES— 

Act  extending  time  for  payment  bj^  collectors, 
Act  repealing  tax  on  revolving  pistols,     -  -  21 

Act  repealing,  in  part,  act  of  1860  relative  to  ped- 
dling,       .  -  .  -  .  33 
Act  exempting  from  taxation    bonds   issued   for 

military  defense  of  State,  (7th  section,)  -  42 

Act  exempting  railroad  companies,  conditional!}^, 

from  taxation,  -  -  -  -  52 

Act  fixing  compensation  of  collector  in  Winston 

connt}^,     -  -  -  •,  -  83 

TALLAPOOSA   COUNTY— 

Act  changing  name  of  Andrew  Jackson  Guards,  84 

TENNESSEE  RIVER- 

Act  to  prevent  destruction  ot  fish,  -  -  83 

TREASURER,  STATE— 

Act  authorizing  employment  of  clerk,     -  -  62 

TREASURY  NOTES— 

Act  authorizing  governor  to  issue,  -  -  16 

TUSKALOOSA— 

Act  prohibiting  sale  of  liquor  near  Moore's  Bridge 

post-ofiice,     .  -  -  -  -  65 

Act  to  give  greater  efiiciency  to  military  depart- 
ment of  State  University,      -  -  -  56 


161 

TWO  AND  TII1{?:e  PER  CENT.  FUNDS— 

Act  approjjriating  three  per  cent,  fund,     -  .  19 

Act  amending  act  of  1860,  to  loan  and  appropriate 

tliree  ])er  cent,  fund,  -  -  17 

UNIVERSITY  OF  ALABAMA— 

Act  to  give  greater  efficiency  to  military  depart- 
ment,        -  .  .  -  -  r,a 
VILLERET,  F.—                                                                           ^^ 
Act  for  relief  of,          -                .                .                          -ioa 
WALKER,  THOMAS  J.—                                                ' 

Act  removin<T  administration  of  estate     -  7q 

WEATHERS,  RACHEL  II.  and  FRANCIS  T.- 

Act  divorcing,  -  .  -loa 

WHITE,  JOHN  and  MARTHA-       '  "  "        ^^^ 

Act  divorcing,  .  .  107 

WHITE,  PFISTEil  &  CO.—  '  -        ^<^i 

Act  to  compensate  for  stationery,  -  .80 

WILSON,  ROBERT  S.— 

Act  for  relief  of,  -  .  1 -ia 

WILSON,  THOMAS—  " 

Joint  resolution  for  relief  of,     -  .  -         141 

WINSTON  COUNTY— 

Act  reinstating  section  496  of  Code,  relative  to 

compensation  of  tax-collector,  -  «q 

WITNESS—  ^"^ 

Act  amending  section  2813  of  Code,  relative  to 
summoning  witnesses  in  appeal  cases  from  jus- 
tices' courts,  -  .  -  -  34 
Act  regulating  pay  of  witnesses  in  criminal  cases 
Act  amending  section  3573  of  Code,  relative  to 
summoning  witnesses,  as  applicable  to  Cham- 
bers county,              -                 . 


36 

60 


r 


^' 


